' • APR ' 
17 i 

43 



V 



'AMERICAN STANDARD SCHOOL SERIES. 



READERS AND SPELLERS. 



By NOBLE BUTLER, A.M., LL.D. 



Butler's First Book in Spelling and Reading. 72 pages. 

139 Illustrations. Price, 18 cents. Introduction and sample 
copies, 12 cents. 

The First Book is so arranged that it may be used for teaching by the com- 
mon alphabet method, by the phonetic method, or by the word method. It is intro- 
ductory to Butler's New School Readers, and is beautifully illustrated. 

Butler's American Spelling Book. 160 pages. Illus- 
trated. Price, 18 cents. Introduction and sample copies, 12 cents. 

Principles. — One New Thing at a Time. Pronunciation made Easy by 
Careful Grouping. Illustrative Dictation Lessons. 

Butler's New First School Reader. 96 pages. Price, 
18 cents. Introduction and sample copies, 12 cents. 

Butler's New Second School Reader. 168 pages. Price, 
35 cents. Introduction and sample copies, 23 cents. 

Butler's New Third School Reader. 240 pages. Price, 
50 cents. Introduction and sample copies, 33 cents. 

Butler's New Fourth School Reader. 252 pages. Price, 
65 cents. Introduction and sample copies, 43 cents. 

Butler's New Fifth School Reader. 360 pages. Price, 

$1.00. Introduction and sample copies, 66 cents. 



JOH 



T>TTT>T T"-"--™-^ -"-~ 



LIBRARY OF CONGRESS. 



Shelf ....E..73 

UNITED STATES OF AMERICA. 



PANY, 



kit. 



PICTURES A^D WORDS 

1. CARDS. 2. AMERICAN PRIMER. 

FOE TEACHING LITTLE CHILDREN TO EEAD AND WRITE. 



This system is not simply a great improvement on all other methods 
of word-reading, but it may be considered as the only successful attempt 
to fully develop the " word-method." 

The Pictures are well-executed wood engravings. The Words 
are on good card board, printed in large, plain type, so as to be easily 
read at a distance of fifty feet. The words represent all the sounds in 
the English Language. 

This system has been used in the Public Schools of Louisville for 
years with the greatest success. In five months little six-year old 
pupils learn to read with slight hesitation, and to write legibly. 

This method reaches the child mind immediately and pleasantly. 

1. THE OBJECT. 

2. THE PICTURE. 

3. THE WORD. 

4. THE ANALYSIS OF THE SOUNDS, AND THE 

NAMES OF THE LETTERS OF THE WORD. 

5. THE SHAPES OF THE PRINTED LETTERS IN 

THE WORD. 

6. THE SHAPES OF THE SAME LETTERS IN 

MANUSCRIPT. 

It is the best method yet devised for beginners, and should be used 
not only in primary schools, but by parents in teaching their smaller 
children. 

It is most economical — saving at least a year of time, besides culti- 
vating a taste for study. 

By asking questions about the pictures, one can elicit pleasant con- 
versations with the pupils, and develop nice little stories for them to tell 
or write. 

The set is strongly recommended by all teachers who have tried it. 

The system is fully explained in the Introduction to the Primer. 

Introductory Price of Pictures and "Words (in neat box) and 

American Primer, $3 00 

American Primer, 10 

JOHN P. MORTON & COMPANY, 

Publishers, Louisville. 



MORTON'S MANUAL. 




THE PBINCIPLES 



OF 

Civil Government 



IN 



THE UNITED STATES 



AND 







■6 




STATE OF KENTUCKY. 



G* 



BY 

A MEMBER OF ' 



ffl/Oyyis&if $f. x/'oAs&t 



PUBLISHED BY 

JOHN P. MOETON AND COMPANY, 

LOUISVILLE, KENTUCKY. 



: ^5 



COPYRIGHTED BY 

JOHN P. MOKTON AND COMPANY. 

1889 



Electrotyped 
BY ROBERT ROWELL, 

LOUISVILLE, KY. 



PREFACE. 



"Ignorance of the law excuses no one" is an old maxim. 
This is true ; and yet how few persons know the law ! Indeed, 
ignorance of the law is the rule, and not the exception. 

It is not surprising that so many violate that of which 
they know so little. As every person in a government is held 
to a strict accountability for trespassing against the law, and is 
required to obey it implicitly, it is incumbent upon the govern- 
ment to teach the law to the people, not only to make them 
better and more useful citizens, but because it is a duty which 
the government owes to the person it governs. 

We have attempted to make this little work as plain and 
simple as possible. An elaborate volume upon this subject 
would not be adapted to the common schools- of our country, 
many of which have but recently commenced the study of civil 
government. At any rate, after the perusal of this book, the 
pupil will be better prepared to undertake the study of a more 
thorough and comprehensive treatise. 

Certain words and phrases in the text are emphasized by 
being put in Antique type. This is done for the purpose of 
assisting the teacher in framing questions upon the text. The 
device will also aid the pupil in forming his answers to the 
printed questions found at the end of the work. These ques- 
tions ought to be used mainly for reviews, and the pupil ought 
to be required to frame complete sentences in answering them. 



(3) 



CONTENTS. 



PAGE. 

Chapter I. — Of Civil Government Generally, .... 5 

Chapter II. — County Districts, 8 

Chapter III. — Of County Officers, 12 

Chapter IV. — Courts, 18 

Chapter V. — The Legislature, 22 

Chapter VI. — Officers of the State, 25 

Chapter VII. — The Constitution of Kentucky, ... 32 

Chapter VIII. — Juries, Trials, and Judgments, ... 39 

Chapter IX. — Revenue and Taxation, 44 

Chapter X. — Government of Cities, 48 

Chapter XL — Charitable Institutions, 47 

Chapter XII. — Federal Courts, 49 

Chapter XIII. — Executive Department of the U. S., . 53 

Chapter XIV. — Congress, 59 

Chapter XV. — Revenue of the United States, ... 61 

Chapter XVI. — Crimes and Punishments, 62 

Constitution of Kentucky, 73 

Constitution of the United States, 100 



(4) 



CHAPTER I. 

OF CIVIL GOVEKNMENT GENEBALLY. 

Civil Government is that authority by which a State 
or a Nation is ruled. It is established to preserve and keep 
society in order. 

The foundations of society are the wants and fears of 
individuals.* 

The notion of an actually existing unconnected state of 
nature is too wild to be seriously admitted ; and, beside, it is 
plainly contradictory to the revealed accounts of the primitive 
origin of mankind and their preservation two thousand years 
afterward, both of which were effected by means of single 
families. These formed the first natural society among them- 
selves, which, every day extending its limits, laid the first though 
imperfect rudiments of civil or political society.* 

It is the sense of their weakness and imperfections 
that keeps mankind together, that demonstrates the neces- 
sity of this union, and that therefore is the solid and nat- 
ural foundation as well as the cement of civilized society. 
And this is what we mean by the original contract of society.* 

The whole should protect all its parts, and every part should 
pay obedience to the will of the whole, or, in other words, the 
community should guard the rights of each individual 
member, and (in return for this protection) each individual 
should submit to the laws of the community, without 
which submission of all, it is impossible that protection 
should certainly be extended to any.* 

When civil society is once formed, government at the 
same time results of course as necessary to preserve and keep 
that society in order.* 

* Blackstone. 

(5) 



6 Morton's manual. 

Unless some superior be constituted, whose commands and 
decisions all the members are bound to obey, they would still 
remain in a state of nature, without any judge upon earth 
to define their several rights and redress their several wrongs.* 

Forms of Government. — There are but three regular 
forms of government, viz : A Monarchy, an Aristocracy, 
and a Democracy. 

In a Monarchy the government is intrusted to the hands 
of a single person. 

In an Aristocracy it is lodged in a council composed of 
select members. 

In a pure Democracy it is vested in an aggregate assem- 
bly consisting of all the free members of the commonwealth. 

An Absolute Monarchy is a government in which the su- 
preme ruler governs according to his own will and is not 
controlled by any established laws. 

A Limited Monarchy is a government in which the su- 
preme ruler is restricted by laws made by representatives 
chosen by the people. 

A Eepublic is a government in which the authority is 
exercised by representatives of the people. 

The difference between a Democracy and a Eepublic is, that 
in the former the people themselves rule, and in the latter 
the representatives of the people. A pure Democracy exists 
only in a country where all the people can assemble together 
and make laws. A Eepublic may be either an Aristocracy or 
a Democracy. 

Our Government, which is a representative Democ- 
racy, is divided into three distinct branches or departments, 
viz : the Legislative, the Executive, and the Judicial. 

The Legislative department makes the laws. 

The Executive enforces the laws. 

The Judicial interprets the laws. 

These departments will be described in detail in succeeding 
chapters. 

* Blackstone. 



OF CIVIL GOVERNMENT GENERALLY. 7 

The United States. — The United States is composed of 
numerous States. It has a Constitution denning the 
rights and powers of the National Government. All ' ' the 
powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to 
the States respectively or to the people." 

The Constitution may properly be called the " foundation 
stone ' ' of the Government of the United States. Neither the 
Congress* nor the Legislature* of any State can pass any 
law contravening or opposing it. 

A Statef is one of the commonwealths or bodies pol- 
itic, the people of which commonwealths make up the body of 
the nation: it is composed of counties. 

Each State has also a Constitution of its own. Its oper- 
ations are confined to the boundaries of the State, and the Legis- 
lature thereof can not pass any law in violation of it. It de- 
fines the rights and powers of the State Government. 

The National Constitution binds the people of the nation. 

The State Constitution binds only the people of the State. 

The United States has its own laws and officials. 

Each State has also its own laws and officials. 

A County is a particular portion of a State separated 
from the rest of the territory for certain purposes in the admin- 
istration of the affairs of the State government. 

The Civil Governments of all the States are very similar 
in character, the laws of each being much alike. A familiar- 
ity with the government of one State will give the student a 
very good idea of all. 

*See pages 22 and 59. 

t That portion of our national domain not organized as States is divided into 
districts called Territories. The government of a Territorv is similar to that of a 
State. 



CHAPTER II. 

COUNTY DISTEICTS. 

In Kentucky each County is divided into Road, School, 
and Magisterial Districts.* 

Road Districts. — Roads are a necessity, and are 

essential to the prosperity of any community. 

It is the duty of every government to provide for mak- 
ing roads and keeping them in repair. 

In this State the County Courts j of each county are 
authorized by law to open and keep in repair public roads 
whenever it is necessary. 

Before a new road can be opened, or an old one discontinued 
or altered, due notice must be given to all persons inter- 
ested. Two or more suitable persons, called " Viewers," are 
appointed by the County Court to view the ground and report 
to the court. The court may then, upon this report and 
other evidence, determine whether the road shall be estab- 
lished, altered, or discontinued. 

A writ to assess damages to land through which it is pro- 
posed for the road, or the alteration of the road, to run, may 
be issued by the court, and»a jury may assess the damages, 
which may be paid out of the county levy. But the court 
may decree that the damages shall be paid by the person or 
persons applying for the road. No road shall be ordered to be 
opened through any town lot, orchard, burying-ground, 
building, or yard without the consent of the owner. 

Roads shall be opened thirty feet wide, or, near a town, 
fifty feet wide. 

Any person who willfully obstructs a road in any way shall 
be liable to pay a fine. 

:;: In some States ealled " Townships." 
fSee page 18 for definition of County Court. 

(8) 



COUNTY DISTRICTS. 9 

The County Court shall divide all the roads in the county 
into precincts, and appoint a surveyor in each precinct, who is 
required to keep the road in order. 

A surveyor is not allowed to resign under two years, 
unless he remove from the precinct. 

All male persons, over sixteen and under fifty years 
of age, who are able to labor, except licensed ministers of the 
gospel, shall be assigned to work on some road, and shall be 
liable to pay a fine upon failure to attend and work on the 
road, after being notified by the Surveyor. 

The Surveyor may impress, by warrant from a justice of 
the peace, any wagon, plow, draught horse, oxen, gear, 
and driver in the precinct as may be necessary for the making, 
altering, or repairing of the road, for which the Court of 
Claims * shall allow a reasonable compensation. 

Surveyors of roads receive no pay for their services. 

Turnpike roads are built by corporations, under charters. 
The corporation may acquire the land over which the road is to 
run by purchase, or by a writ to assess damages, as in 
the case of public roads. The law regulates the tolls and 
manner of travel upon the roads. 

School Districts. — Education is of the highest consid- 
eration, and is indispensable to every government. 

School Districts are established in each county by the 
County Superintendent of Common Schools, f 

No district shall include more than one hundred chil- 
dren, between the ages of six and twenty years, unless it 
contains a town or village within its limits. 

The School Fund is derived from taxes levied upon all 
the real and personal property in the State, and from in- 
terest on county bonds. The people of a district may levy 
an additional tax on themselves. 

Each district is under the control of three Trustees, 
elected by the qualified voters of the district. One shall be 
elected each year, for the term of three years, to fill the 



* See page 18 for definition, 
t See page 16 for definition. 



10 morton's manual. 

place of the trustee going out of office. The Chairman of the 
Board shall be the trustee having the shortest time to 
serve. 

The Trustees of a district are a body politic. They 
have the right to levy a tax to build a new school-house, 
or to repair an old one whenever it is condemned by the 
County Superintendent; also to levy a tax for fuel for the 
school -house and for defraying other necessary ex- 
penses. 

They shall have the general control of the school dis- 
trict. They shall employ the teacher, and may remove 
him for proper cause, subject to the approval of the County 
Superintendent. They shall take the census each year of 
all the children who are permitted by law to attend the com- 
mon schools, and report the same to the County Superin- 
tendent, and they shall make a yearly report to the County 
Superintendent of the general condition of the district. For 
any neglect of duty they are liable to pay a fine and be 
removed from office. 

They receive no compensation, but the Chairman of 
the Board is exempt from service upon roads, juries, or 
in the militia. 

Magisterial Districts. — The office of Justice of the 
Peace is of ancient origin. It came to us with the com- 
mon law and with English institutions. It is a very im- 
portant office, and the duties are numerous and respon- 
sible. 

Each county is divided into Magisterial Districts. 

Two Justices of the Peace are elected in each magisterial 
district every four years, by the qualified voters thereof. 

Each Justice of the Peace holds a regular court every 
three months, and may hold a called court for the trial of 
certain causes. 

He has limited jurisdiction in civil causes. He is a 
conservator of the peace in his county, and can inflict fines 
and imprisonment for penal offenses of a certain character, 



COUNTY DISTRICTS. 11 

such as riots, routs, and breaches of the peace. He can hold 
investigating trials where persons are charged with felonies 
or high crimes, and require bail. He can bind persons to 
keep the peace. 

He is also a member of the Court of Claims, a 
branch of the County Court, which meets once a year, and 
at such other times as may be necessary, for the transaction of 
business. 

As the Court of Claims, all the justices in the county 
meet to establish the county levy, to make appropria- 
tions, or to attend to such other business as may be 
legitimately brought before them. 

A Justice's fees are the compensation for his services, with 
three dollars per day for attending the Court of Claims. 
He gives a bond for the faithful discharge of his duties. 

A Constable is elected every four years in each magis- 
terial district. 

His duties are to execute all civil and criminal pro- 
cesses issued by the proper courts. He may also execute 
notices, rules, orders of court, and make arrests, and 
shall attend the Justices' Courts in his district. 

His fees are his compensation. 

He is required to give a bond for the faithful discharge 
of his duties. 



CHAPTER III. 

OF COUNTY OFFICEKS. 

In Kentucky, each county has a Judge of the County 
Court, a Clerk of the County Court, a Sheriff, a County At- 
torney, an Assessor, a Surveyor, a Coroner, a Superintendent 
of Common Schools, a Clerk of the Circuit Court, and a Jailer. 

Judge of the County Court. — The County Judge or 
Judge of the County Court is elected for four years. He 
is a magistrate, and has jurisdiction of both civil and crimi- 
nal causes. He holds a court four times a year, called the 
Quarterly Court, for the trial of civil causes. 

He is also a conservator of the peace within his county, 
and has all the powers of a justice of the peace in penal 
and criminal proceedings. 

He is required to take and approve the bonds of all 
county officials who are required by law to execute bond. 

He appoints guardians and administrators, and 
makes settlements with them of their accounts. 

He has power to establish justices' districts and elec- 
tion precincts in his county, and to appoint officers of elec- 
tions. 

He presides at the Court of Claims, and calls that 
court together when he deems it necessary. 

His fees, with a yearly allowance out of the county 
levy made by the Court of Claims, are his compensation 
for his services. 

He is required to execute a bond before the Circuit 
Court Clerk for the faithful discharge of his duties. 

Clerk of County Court. — A Clerk of the County Court 
is elected every four years. 

His duties are as follows, viz : 
(12) 



OF COUNTY OFFICERS. 13 

To keep a record of all the proceedings of the County 
Court (not quarterly courts). To record all deeds or mort- 
gages properly acknowledged or proven. To issue all mar- 
riage licenses in the county. To be the custodian of all 
county officers' bonds, of the assessor's books, of the poll-books 
and books of election, and of all other papers required by law 
to be recorded or kept in his office. 

His fees are the compensation for his services. He is re- 
quired to give a bond for the faithful discharge of his duties. 

Sheriff. — The office of Sheriff is an ancient one, and was 
transmitted to us by our English ancestry. 

A Sheriff is elected every two years, but is ineligible, 
after a second term, for two years. 

The duties of Sheriff are as follows, viz : 

To execute all civil and criminal processes from the 
different courts properly issued and placed in his hands ; also 
to execute notices, rules of court, and similar papers. 

He is a peace officer, and may make arrests. 

He may appoint deputies with the same powers as his own. 

He shall execute all persons condemned to be hung, and 
convey all persons to the penitentiary condemned to con- 
finement therein. 

He may command and take with him, if need be, the 
power of the county, or a part thereof, to aid him in the exe- 
cution of the duties of his office, civil or criminal. 

He shall collect the County and State taxes and pay 
over the same to the proper authorities. 

He shall attend the Circuit, County, and Quarterly Courts, 
and Court of Claims of his county, and keep order therein. 

His fees are his compensation. 

He is required to give bond for the faithful discharge 
of his duties. 

County Attorney. — County Attorneys are elected for 
four years. 

The duties of the County Attorney are as follows, viz : 

To attend all County Courts held in his county, and 



14 morton's manual. 

superintend and conduct all cases and business in the 
courts touching the rights or interests of the county. 

To give the court and the several county officers legal 
advice concerning any county business within the jurisdiction 
of any of them. 

To attend the Court of Claims and oppose the allowance 
of all improper claims. 

To oppose the improper grant of tavern license. 

To prosecute all criminal and penal offenses in his county. 

To oppose the wrongful alteration or discontinuance 
of any public road. 

To institute and conduct suits, motions, and prosecu- 
tions before any of the courts of the State, in which the 
county is interested, when so directed by the County Court. 

His compensation is a per centum of all the fines and 
forfeitures recovered in his county by the Commonwealth, and 
a yearly salary allowed him by the Court of Claims out of 
the county levy. 

Assessor. — The Assessor is elected for four years. 

He may appoint assistants with the consent of the 
County Court. 

He shall cause all the property in the county to be listed 
for taxation, and he shall fix a full and fair value upon all the 
estate so listed, and enter the same in the tax-book. 

He shall, moreover, return a list of all horses, mules, and 
cattle, and their value ; of all stores, and their value ; also pleas- 
ure carriages and like vehicles, and gold and silver watches, 
pianos, and gold and silver plate ; also all the legal voters, and 
enrolled militia, and children between six and twenty years of 
age, residing in his county. 

He shall return to the County Court Clerk a list of all 
persons who fail or refuse to give a list of their property or 
give a false or fraudulent list; and such persons shall be liable 
to pay a fine for such offense. 

The compensation of the Assessor is a certain amount 
for each list reported by him. 



OF COUNTY OFFICERS. 15 

Upon failure to accept the office after election or appoint- 
ment, he shall be fined five hundred dollars. 

He is required to give bond for the faithful discharge 
of his duties. 

Board of Supervisors. — The Board of Supervisors — 
three discreet tax-payers, citizens of the county, appointed 
by the County Court — are required to revise the list as re- 
ported by the Assessor. 

County Surveyor. — The County Surveyor is elected 
for four years. g 

He may appoint a deputy. 

His duties are to execute promptly and faithfully every 
order of survey, made by any court, of lands lying in his 
county, and make out and return a true plat and certifi- 
cate thereof, accompanied by explanatory notes. If he fail 
to do so, he shall forfeit twenty dollars to the party injured, 
and be liable to an action for damages on his official bond. 

He is required to give a bond for the faithful performance 
of his duties. 

His fees are his compensation. 

Coroner.— The Coroner is elected for four years. 

His duties are to hold an inquest upon the body of any 
person slain, drowned, or otherwise suddenly killed, or where 
any house be broken. 

His jury shall be composed of six good and lawful 
housekeepers of the county, summoned and sworn by him- 
self, who, upon their oaths, shall inquire, and say in writing, 
if they know in what manner the person came to his death or 
the house to be broken ; when, where, how, and by whom, and 
who were present, and who are culpable for the act. 

If any persou by such inquest be found culpable, the Coro- 
ner shall forthwith arrest and commit such person to the 
county jail, to be dealt with according to law. 

He shall bury the person over which an inquest is held, 
or deliver him to his friends if required. 

He may execute process in criminal, penal, and civil 



16 morton's manual. 

cases ; and when so acting the laws in regard to sheriffs shall 
apply to and govern him. 

He is required to give a bond for the faithful performance 
of his duties. 

His fees are his compensation. 

County Superintendent.— The County Superintend- 
ent is elected for four years. 

He shall not be eligible for election unless he shall have first 
obtained a certificate of qualification from the State Board 
of Examiners. 

His duties are as follows, viz : 

To have general supervision over the common schools 
in his county; to lay off, alter, or abolish districts; to con- 
demn school-houses ; to visit the schools ; to report to the 
Superintendent of Public Instruction the census of each com- 
mon school district in the county ; to draw and collect the 
public money due to his county for common school pur- 
poses; to pay the teachers in his county; to make an 
annual settlement with the County Judge; to make an 
annual report to the Superintendent of Public Instruction 
of the general condition of each common school in his county, 
including the number of pupils, the average wages of teachers, 
etc.; to appoint two persons constituting a County Board 
of Examiners for the examination of teachers ; and to grant 
certificates of qualification to teachers. 

He is required by law to give bond for a faithful perform- 
ance of his duties. 

He is allowed an annual salary by the Court of Claims, 
to be paid out of the county levy. 

Clerk of Circuit Court. — A Clerk of the Circuit Court 
is elected every six years. 

His duties are to keep a record of all the orders and 
proceedings of the Circuit Court of his county ; to grant cer- 
tificates to witnesses; to administer oaths, and to per- 
form such other duties as may be legitimately required of 
him by the Judge of the Circuit Court. 



OF COUNTY OFFICERS. 17 

His fees are his compensation for his services. 

He is required to give bond for the faithful discharge of 
his duties. 

Jailer. — Every county is required to keep a secure and 
sufficient jail. 

The Jailer is elected for four years. 

His duties are to have custody of the jail, and to re- 
ceive and keep all persons in the jail who shall be lawfully 
committed thereto until they are lawfully discharged. He 
shall treat them with humanity, and furnish them with 
proper food, and lodging during their confinement, and shall 
deliver such as die in jail to their friends, if requested, or 
have them decently buried at the expense of the county. 

His fees are his compensation for his services. 

He is required to give bond for the faithful discharge of 
his duties. 

Eligibility of Officers. — Each of the officers described 
in this chapter must be at least twenty-one years of age, 
a citizen of the United States, a resident of the State two 
years next preceding his election, and of the county one 
year. 

Vacancies. — A vacancy in the office of Clerk of the 
County Court, Sheriff, County Attorney, Assessor, Surveyor, 
Coroner, Superintendent of Common Schools, Jailer, and Con- 
stable is filled temporarily by the County Judge until an 
election. 

A vacancy in the office of County Judge is filled tempo- 
rarily by the Justices of the Peace of the county until an 
election. 

A vacancy in the office of Clerk of the Circuit Court, by 
the Judge thereof until an election ; and a vacancy in the 
office of Justice of the Peace, by the Governor of the State 
until an election. 



CHAPTER IV. 

COUETS. 

County Courts. — A County Court is held monthly by 
the County Judge in each county on the days prescribed 
by law. It is a court of record. 

The County Court has power to appoint guardians, ad- 
ministrators, road surveyors, viewers, officers of elec- 
tions, to make settlements with fiduciaries, to probate 
wills, to open, alter, or discontinue roads. 

Court of Claims. — The Court of Claims is a county 
court held by the Justices of the Peace in the county, and 
presided over by the County Judge. It has power to fix the 
county levy, to make appropriations for the benefit of the 
county, to provide for the maintenance of the paupers in the 
county, to fix the salaries of the County Judge, County At- 
torney, and County Superintendent, and make appropria- 
tions therefor, and do such other acts as may be lawfully 
required. It meets once a year. 

Quarterly Courts. — The Quarterly Court is a court 
held every three months by the County Judge for the trial 
of civil causes. 

Justices' Courts. — Justices' Courts are courts held by 
Justices of the Peace. 

Circuit Courts.— The State is divided into districts, 
termed Judicial Circuits, in which several counties are 
included. Circuit Courts are held in each one of these 
counties. 

The Circuit Court has original jurisdiction of all mat- 
ters, both in law and equity, within its county, of which 
jurisdiction is not by law exclusively delegated to some 
(18) 



COURTS. 19 

other tribunal, and has all power necessary to carry into 
effect the jurisdiction given. 

Special terms may be called by the Judge. Besides 
the jurisdiction in civil causes, which is not limited in amount, 
Circuit Courts have jurisdiction over high crimes and 
misdemeanors, such as murder, manslaughter, arson, rob- 
bery, etc. 

It is presided over by a Circuit Judge, who is a con- 
servator of the peace throughout the State. 

It is a court of record. 

Circuit Courts are usually held twice, and in some 
counties three times a year, and last for several days 
or weeks, according to the business. 

Officers of Circuit Court.— In each Judicial Circuit 
there is a Circuit Judge and a Commonwealth's Attorney. 

Circuit Judge. — A Judge of the Circuit Court must be 
a citizen of the United States, a resident of the dis- 
trict two years next preceding his election, at least thirty 
years of age, and must have been a practicing lawyer 
eight years, or whose service upon the bench of any court of 
record, when added to the time he may have practiced law, shall 
be equal to eight years. 

He is elected for six years by the qualified voters of 
his district. 

The Circuit Judge receives a regular salary allowed by 
law, payable monthly out of the State treasury. 

Commonwealth's Attorney. — A Commonwealth's 
Attorney shall be elected for six years. He must be 
twenty-four years of age, a citizen of the United 
States, must have been a resident two years next pre- 
ceding the election in the State, and one year in the dis- 
trict, and a licensed practicing attorney for two years. 

His duties are to attend each Circuit Court held in his 
district, to prosecute all violations of the criminal and 
penal laws therein, and to discharge all other duties as- 
signed him by law. 



20 morton's manual. 

The Commonwealth's Attorney receives a regular sal- 
ary, payable monthly out of the State treasury, and a per 
centum of the fines and penalties recovered by the Com- 
monwealth in each Circuit Court in his district. 

Other Courts. — Criminal Courts, Chancery Courts, and 
Common Pleas Courts are also sometimes established by 
special acts of the Legislature. Their powers and juris- 
diction are similar to those of Circuit Courts. 

Court of Appeals. — The Court of Appeals is the highest 
court, and the court of last resort in this State. It is com- 
posed of four judges, who represent four different districts 
respectively into which the State is divided. 

Judge of Court of Appeals. — A Judge of the Court 
of Appeals must be a citizen of the United States, a res- 
ident of the district two years next preceding his election, 
at least thirty years of age, and must have been a prac- 
ticing lawyer for at least eight years, or whose service 
upon the bench of any court of record, when added to the time 
he may have practiced law, shall be equal to eight years. 

They are elected for eight years, one being elected each 
two years. They are allowed annual salaries, payable 
monthly out of the State treasury. 

Chief- Justice. — The judge who presides during the 
sessions of the court is called the Chief-Justice. He is the 
one having the shortest term to serve. 

Clerk. — The Clerk of the Court of Appeals is elected 
by the voters of the State every eight years. 

It is his duty to keep a record of the proceedings of 
the court. 

He must be a citizen of the United States, a resident 
of the State two years next preceding his election, and 
have a certificate of qualification from a Judge of the 
Court of Appeals, or a Judge of the Circuit Court. 

His fees are his compensation. 

Reporter. — The Reporter of the Court of Appeals is 
appointed by the court. 



COURTS. 21 

His duties are to publish such decisions as the court 
may direct. 

He receives an annual salary, payable monthly out of 
the State treasury. 

Sergeant. — The Sergeant of the court is appointed by 
the court for four years. 

His duties are the same toward the Court of Appeals 
as required by law from a Sheriff toward a Circuit Court. 

His salary is three dollars per day for each day he at- 
tends the court. 

Superior Court. — The Superior Court is an appellate 
court ; that is, a court to which appeals are taken from 
the Circuit Courts. It is an intermediate court between 
the Circuit Court and the Court of Appeals. It is composed 
of three judges, who represent three different judicial dis- 
tricts respectively into which the State is divided. The judges 
of this court must have the same qualifications as Judges 
of the Court of Appeals. They are elected for four years, 
and are allowed annual salaries, payable monthly out of the 
State treasury. In some cases appeals may be taken from 
their decisions to the Court of Appeals. 

Miscellaneous. — Appeals may be taken to the Court of 
Appeals from the Circuit Courts and Superior Courts, under 
certain legal restrictions. 

The Court of Appeals and Superior Court are required to 
hold their sessions at the Seat of Government. 

Note.— The salaries of all public officials being generally under the super- 
vision and control of the General Assembly, and liable to frequent changes, it is 
not deemed necessary or important to state them in a work like this. 



CHAPTER V. 

THE LEGISLATURE. 

The Legislature is the law-making power of the 

State. 

It is composed of the Senate and House of Represent- 
atives, and is known as the General Assembly. 

Senate. — The State is divided into thirty-eight Senato- 
rial Districts, so formed as to contain, as near as may be, an 
equal number of qualified voters. One Senator is re- 
quired to be elected by the qualified voters of each district. 

He is elected for four years ; but the term of office is so 
arranged that one half the Senators are elected bien- 
nially. 

House of Representatives.— The House of Repre- 
sentatives consists of one hundred members. Nearly 
every county is entitled to one Representative. But 
sometimes, on account of the population, a county or city 
is entitled to more than one Representative, and sometimes 
one member represents several counties. It depends upon 
the population and the apportionment, the ratio from time 
to time being fixed by law. Representatives are elected 
every two years. 

Qualifications of Members. — A Senator must be at 
least thirty years of age, must have resided in the State 
at least six years next preceding his election, and the last 
year thereof in the district for which he may be chosen. 

A Representative must be a citizen of the United 
States, at least twenty-four years of age, must have re- 
sided in the State at least two years next preceding his 
election, and the last year thereof in the county, town, or 
city for which he may be chosen. 
(22) 



THE LEGISLATURE. 23 

No person, while tie continues to exercise the functions 
of a clergyman, neither any person who holds or exercises 
any office of profit under this Commonwealth or under the 
Government of the United States, except an attorney at 
law, a justice of the peace, or a militia officer can be 
eligible to the General Assembly. 

Compensation. — The members of the General Assem- 
bly receive for their services a certain amount per diem. 
It is now five dollars, but may be changed by any future 
Legislature. 

They are also entitled to mileage. 

Officers.— The Lieutenant-Governor * of the State is ex 
officio the presiding officer or Speaker of the Senate. 

The House of Representatives elects as its Speaker one 
of its own members. 

The Clerks, Assistant Clerks, Sergeant-at-arms, and Door- 
keepers are elected by their respective Houses, and are 
paid such compensation as the General Assembly may 
decree. 

Rules of Procedure.— A quorum of each House of 
the General Assembly is a majority of the members there- 
of. Each House is the judge of the qualifications, elec- 
tions, and returns of its members; but a contested election 
is determined in such manner as is directed by law. 

Each House establishes its own rules. 

Each House is required to keep, and publish weekly, a 
journal of its proceedings. 

Neither House can adjourn for more than three days, 
without the consent of the other, nor to any other place 
than that in which they are sitting. 

All bills for raising revenue must originate in the 
House of Representatives. 

The General Assembly may pass such laws as it deems 
proper for the benefit of the people, not in contravention 
of the Constitution. 

* See page 26. 



24 morton's manual. 

No bill can become a law until, on three successive 
days, it be read over in each House and free discussion 
allowed thereon, unless in cases of urgency four fifths of 
the House dispense with the rule. 

An appropriation of money or the creation of debt, 
either to exceed the sum of one hundred dollars, can not 
be made unless the same shall be voted on by a majority 
of all the members in each House of the General Assembly, and 
the yeas and nays thereon entered in the journal. 



CHAPTER VL 

OFFICEKS OE THE STATE. 

We have already referred to the officers of the county, and 
also to the officers connected with the judiciary of the county 
and State. We will now attempt a description of the powers 
and duties of the other officers of the State. 

Governor. — The Governor is the highest executive 
officer in the Commonwealth. He is vested with the supreme 
executive power, and is known as the Chief Magistrate. 

He is elected for four years by the voters of the State. 
The person having the highest number of votes shall be 
Governor.* 

He is ineligible for the succeeding four years after the 
expiration of the term for which he is elected. 

He shall be at least thirty-five years of age and a 
citizen of the United States, and have been an inhab- 
itant of the State at least six years next preceding his election. 

No member of Congress, or person holding any 
office under the United States, or minister of any relig- 
ious society, shall be eligible to the office of Governor. 

He is Commander-in-chief of the Army and Navy of 
the Commonwealth, and of the militia thereof, except when 
they shall be called into the service of the United States ; but 
he shall not command personally in the field unless advised by 
a resolution of the General Assembly. 

He has power to fill certain vacancies that may occur 
by granting commissions, which shall expire when such vacan- 
cies shall be filled according to the provisions of the Constitu- 
tion. 

He has power to remit fines and forfeitures, grant re- 

* This rule applies to all other elective officers. 

(25) 



26 morton's manual. 

prieves and pardons, except in cases of impeachment. He 
may grant reprieves for treason until the end of the next 
session of the General Assembly, in which body the pardon- 
ing power for this crime shall be vested ; but he shall have no 
power to remit the fees of the Clerk, Sheriff, or Common- 
wealth's Attorney in penal or criminal cases. 

He may require information, in writing, from the oni- 
cers in the executive department upon any subject relating to 
the duties of their respective offices. 

He shall, from time to time, give to the General Assembly 
information of the state of the Commonwealth, and recom- 
mend to their consideration such measures as he may 
deem expedient. 

He may, on extraordinary occasions, convene the Gen- 
eral Assembly at the Seat of Government, or at a different 
place, if the regular place of meeting shall have become, since 
their last adjournment, dangerous, from an enemy or from con- 
tagious disorders; and, in cases of disagreement between 
the two Houses with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper, not 
exceeding four months. 

He shall take care that the laws be faithfully executed. 

He may offer rewards for fugitives from justice. 

He shall receive for his services a compensation, which 
shall neither be increased or diminished during the term 
for which he was elected. 

Lieutenant - Governor. — The Lieutenant - Governor 
shall be chosen at every regular election for Governor, 
and in the same manner, to continue in office for the same 
time, and to possess the same qualifications as the Gov- 
ernor. 

He shall be by virtue of his office Speaker of the Sen- 
ate ; have a right, when in committee of the whole, to 
debate and vote on all subjects, and, when the Senate 
are equally divided, to give the casting vote. 

Should the Governor be impeached, removed from office, 



OFFICERS OF THE STATE. 27 

die, refuse to qualify, resign, or be absent from the State, the 
Lieutenant-Governor shall exercise all the powers and 
authority appertaining to the office of Governor until an- 
other be duly elected and qualified, or the Governor, absent 
or impeached, shall return or be acquitted. 

Whenever the Lieutenant-Governor shall administer the 
government (as acting Governor), or shall fail to attend 
as Speaker of the Senate, the Senators shall elect one of 
their own members as speaker for that occasion ; and in 
case of a vacancy in the office of Governor and Lieutenant- 
Governor (at the same time), the Speaker of the Senate 
shall administer the government. 

If there should become a vacancy in the office of Lieu- 
tenant Governor while he is administering the govern- 
ment, during the recess of the General Assembly, it shall be 
the duty of the Secretary of State, for the time being, to 
convene the Senate for the purpose of choosing a speaker. 

The Lieutenant-Governor, while he acts as Speaker of the 
Senate, shall receive for his services the same compen- 
sation allowed to the Speaker of the House of Repre- 
sentatives ; and, during the time he administers the govern- 
ment as Governor, shall receive the same compensation 
which the Governor would have received had he been 
employed in the duties of his office. 

Secretary of State. — The Secretary of State shall be 
appointed by the Governor, with the advice and con- 
sent of the Senate, to serve during the term for which the 
Governor was elected, if he shall so long behave himself 
well. 

His duties are to keep a fair register, and attest all 
the official acts of the Governor, and he shall, when re- 
quired, lay the same, and all papers, minutes, and vouch- 
ers relative thereto, before either House of the General 
Assembly, and shall perform such other duties as may 
be required of him by law. He may, with the assent of 
the Governor, appoint an assistant secretary. 



28 Morton's manual. 

He shall receive an annual salary, payable monthly 
out of the State treasury. 

Treasurer. — The Treasurer is elected for two years. 
He must be a citizen of the United States, at least twen- 
ty-four years of age, and must have resided within the 
State at least two years next preceding his election or 
appointment. 

He must execute an official bond with surety, worth at 
the time three hundred thousand dollars, to be approved 
by the Governor. 

His duties are to receive and safely keep in the treasury 
all moneys due or payable to the Commonwealth. 

He shall receive and pay out money from the treasury 
only upon the certificate or warrant of the Auditor, un- 
less the law under which the same may be claimed expressly 
directs and orders that the money shall be paid out of the 
public treasury. 

He shall keep true account of all money paid into the 
treasury, by whom, when, and on what account paid. 

He shall make clear, distinct, and intelligible reports of 
all money received and disbursed. 

If he does willfully misapply any of the public money, 
he is guilty of a felony. 

Auditor. — The Auditor is elected for four years. He 
shall not be less than twenty-four years of age, must have 
been a resident of the State at least two years next pre- 
ceding his election or appointment, and must be a citizen 
of the United States. He must execute an official bond 
with surety, to be approved by the Governor, worth at 
the time two hundred thousand dollars. He shall have 
power to appoint an assistant. 

His duties are to keep an account of all taxes col- 
lected, a list of all balances due by the Commonwealth 
to individuals and by individuals to the Common- 
wealth, an account of all claims of debt or credit 
which may exist between the General Government and the 



OFFICERS OF THE STATE. 29 

State, and this State and any other State, and also keep an 
account between the Commonwealth and all her civil 
officers, whose wages or salary is payable out of the treas- 
ury ; a record of the compensation to members of the 
General Assembly and the officers thereof. He shall audit 
and enter in account all other demands payable at the 
treasury, all accounts of the collection of the revenue or 
other tax or public money, and of all public debts. 
He shall make faithful reports of the annual income 
and expenses of the Government. 

Attorney-General. — The Attorney-General is elected 
for four years. 

His duties are to give his opinion, in writing, to any 
executive or ministerial officer of the Commonwealth, when 
applied to, touching the duties of such officer ; and, when 
requested by any of the executive or State officers, to prepare 
proper drafts of contracts, obligations, or other instru- 
ments of writing which may be required for public use ; to 
attend in behalf of the Commonwealth to all cases in which 
she may be interested, and to institute the proper procedure 
to coerce payment of all demands of the Commonwealth, 
payable at the treasury, not discharged in proper time. 

Register of the Land Office. — The Kegister of the 
Land Office is elected for four years. He must execute 
an official bond with surety worth at least ten thousand 
dollars. 

His duties are the care and control of the Land Office. 

The Land Office contains the original patents and sur- 
veys of lands in the Commonwealth. 

Superintendent of Public Instruction. — The Su- 
perintendent of Public Instruction is elected for four years. 
He is the head of the School System in the State. 

His duties are to make report biennially, on or before 
the meeting of the General Assembly, of the condition, pro- 
gress, and prospects of the common schools ; to prepare suit- 
able blanks for reports required to be made by school 



30 morton's manual. 

officials ; to report any neglect of duty or misappropria- 
tion of common school funds by school officers to the proper 
authorities ; to have published for general distribution 
throughout the State the general school laws of the State, 
and such other important facts and data as may be of in- 
terest to the public ; to ascertain and estimate for each school 
year the pro rata share of the school fund each child of 
pupil age shall be entitled to, and amount each county and 
each school district shall be entitled to, as shown by the returns* 
of the County Superintendents. He is also ex officio President 
of the State Board of Education, which consists of the 
Superintendent of Public Instruction, the Attorney- Gen- 
eral, and the Secretary of State, and two professional 
teachers to be elected by them. 

State Geologist. — The State Geologist has charge of 
the geological surveys of the State, made for the purpose 
of ascertaining the mineral resources of the Common- 
wealth. 

Commissioner of Agriculture. — The Commissioner 
of Agriculture presides over the Agricultural Bureau, to 
aid and encourage that branch of industry. 

Commissioner of Mines. — The Commissioner of Mines 
has charge of all the mines in the State, for the purpose 
of seeing that they are properly conducted. 

Adjutant-General.-The Adjutant-General has charge 
of the militia of the State, the arms and munitions of war. 

These four officers are appointed by the Governor. 

State Librarian. — The State Librarian is elected for 
two years by the General Assembly, and has charge of 
the Public Library of the State, and is also general cus- 
todian of the Capitol, and contracts for and furnishes the 
necessary fuel and stationery to the officers of the State. 

Public Printer and Binder. — The Public Printer and 
Binder is elected by the Legislature for two years. He 
has charge of the public printing and binding. He is 
paid according to the work done by him. 



OFFICERS OF THE STATE. 31 

Commissioner of Insurance. — The Commissioner of 
Insurance is appointed by and is under the general super- 
vision of the Auditor. 

His duties are to investigate the responsibility of all 
insurance companies doing business in the State, and see 
that they are reliable. 

State Inspector and Examiner. — The State In- 
spector and Examiner is appointed by the Governor for 
two years. He shall once each year inspect and examine 
into the management and condition of the Auditor's and 
Treasurer's offices, and the prisons and charitable insti- 
tutions operated by the State. 

Board of Equalization.— The Board of Equalization 
consists of one member from each Congressional Dis- 
trict and the Auditor of the State. The members are 
elected by the qualified voters of each Congressional Dis- 
trict, at the congressional election, for two years. They are 
the general supervisors of the State, and are required to 
equalize taxation throughout the Commonwealth. They 
are allowed five dollars a day and mileage. 

Salaries. — The foregoing officers are allowed annual 
salaries, payable monthly out of the State treasury, the Pub- 
lic Printer and Board of Equalization excepted. The Gen- 
eral Assembly fixes the salaries. 

Vacancies. — The Governor, in the recess of the Senate, 
shall have power to fill vacancies in these offices by grant- 
ing commissions, which shall expire at the end of the next ses- 
sion, and shall fill the vacancy for the balance of the time or 
until the election, by and with the advice and consent of 
the Senate. 



CHAPTER VII. 

THE CONSTITUTION OF KENTUCKY. 

A Constitution consists of the fundamental laws 

which govern a State or other organized society. 

Definition.— The Constitution of Kentucky con- 
tains the fundamental laws which govern the State. The 
General Assembly can not make any law which is in con- 
flict with the Constitution. If they should pass any act in 
violation of the Constitution, the act would be void. The 
judiciary, which interprets or construes the law, would de- 
clare it void, and the executive could not enforce it. 

Purposes. — The Preamble in the Constitution of this State 
declares that the Constitution is established "to secure to 
all the citizens thereof the enjoyment of the rights of life, 
liberty, and property, and of pursuing happiness." 

Powers. — The Constitution of this State is, in substance, 
as follows, viz : It divides the powers of the Government into 
three distinct departments : the Legislative, the Executive, 
and the Judiciary.* 

General Provisions. — It provides for the organiza- 
tion and supervision of the State militia. 

The Militia "shall consist of all free, able-bodied male 
persons, resident in the Commonwealth, between the ages 
of eighteen and forty-five years, except such persons as may 
be exempted by the laws of the United States or of this State." 

The privilege of free suffrage shall be supported by laws. 

Every citizen, of the age of twenty-one years, who has 
resided in the State two years, or in the county, town, 
or city in which he offers to vote, one year next preceding 

* We have already noticed the requirements of the Constitution in reference 
to these different departments in the chapters devoted to them. 

(32) 



THE CONSTITUTION OF KENTUCKY. 33 

the election, shall be a voter ; but such voter shall have been, 
for sixty days next preceding the election, a resident of 
the precinct in which he offers to vote, and he shall vote in 
said precinct and not elsewhere. 

Absence on business of the State or the United States 
shall not forfeit a residence once obtained. 

Voters shall be privileged from arrest during their 
attendance at, going to, and returning from elections in 
all cases, except treason, felony, breach, or surety of the peace. 

In all elections by the people, and also by the Senate 
and House of Representatives, jointly or separately, the vote 
shall be personally and publicly given viva voce. Dumb per- 
sons may vote by ballot.* 

The General Assembly shall provide by law for the 
trial of any contested election. 

All elective officers of the Commonwealth shall reside 
within the State, and all district, county, or town officers 
within their respective districts, counties, or towns. 

The manner of administering an oath or affirmation 
shall be such as is most consistent with the conscience 
of the deponent. 

The Constitution requires every officer and all mem- 
bers of the bar in this State, before entering upon the duties 
of their office or profession, to take an oath to "support the 
Constitution of the United States and the Constitution of this 
State so long as he continues a citizen thereof," and also 
"that since the adoption of the present (State) Constitution, 
he, being a citizen of the State, has not fought a duel with 
deadly weapons in this State, nor out of it, with a citizen of 
this State, nor sent or accepted a challenge to fight a duel 
with deadly weapons with a citizen of this State, nor acted as 
second in carrying a challenge, or aided or assisted any person 
thus offending." 

The Governor and all civil officers shall be liable to 
impeachment for any misdemeanor in office. 

* Elections for Representatives in Congress shall be by ballot 



34 Morton's manual. 

Every person convicted of having given or offered any 
bribe or treat to procure his election, shall be disqualified 
from holding any office of trust or profit for the term for 
which he shall have been elected. 

Whoever shall be convicted of bribery, perjury, for- 
gery, or other crimes or high misdemeanors, shall forfeit his 
right of suffrage and to hold office. 

Treason against the Commonwealth consists only in 
levying war against it, or in adhering to its enemies, 
giving them aid and comfort. No person can be con- 
victed of treason unless on the testimony of two wit- 
nesses to the same overt act, or on his own confession 
in open court. 

The Constitution provides for the "Common School Fund," 
and the election of a Superintendent of Public Instruction.* 

The General Assembly may regulate the jurisdiction 
of the courts. 

The Seat of Government shall continue in Frankfort until 
it shall be removed by law : Provided, however, that two thirds 
of all the members elected to each House of the General Assem- 
bly shall concur in the passage of such law. 

Bill of Rights. — The Bill of Eights, which is a part of 
the Constitution, provides: 

That all free men, when they form a social compact, are 
equal, and that no man or set of men are entitled to exclusive 
privileges. 

That absolute arbitrary power over the lives, liberty, and 
property of free men exists nowhere in a republic, not even in 
the largest majority. 

That all power is inherent in the people. 

That all men have a natural and indefeasible right to wor- 
ship God according to the dictates of their own consciences. 

That the rights, privileges, or capacities of any citizen shall 
in nowise be diminished or enlarged on account of his religion. 

That all elections shall be free and equal. 

* We have heretofore alluded to these provisions in Chapter VI. 



THE CONSTITUTION OF KENTUCKY. 35 

That the ancient mode of trial by jury shall be held sacred. 

That there shall be a free press and free speech — the speaker 
or writer being responsible for the abuse of that liberty. 

That the people shall be secure in their persons, houses, 
papers, and possessions from unreasonable seizures and searches. 

That in all criminal prosecutions the "accused hath a right 
to be heard by himself and counsel ; to demand the nature and 
cause of the accusation against him ; to meet the witnesses face 
to face ; to have compulsory process for obtaining Avitnesses in 
his favor ; and, in prosecutions by indictment or information, a 
speedy public trial by a jury of the vicinage ; that he can not 
be compelled to give evidence against himself, nor can he be 
deprived of his life, liberty, or property, unless by the judg- 
ment of his peers or the law of the land. 

That no person shall for any indictable offense be proceeded 
against criminally by information, except in cases arising in the 
land or naval forces, or in the militia, when in actual service 
in time of war or public danger, or by leave of court for op- 
pression or misdemeanor in office. 

No person shall for the same offense be twice put in jeopardy 
of his life or limb ; nor shall any man's property be taken or 
applied to public use without the consent of his representatives, 
and without just compensation being previously made to him. 

That all courts shall be open : and every person, for an injury 
done him in his lands, goods, person, or reputation, shall have 
remedy by the due course of law, and right and justice admin- 
istered without sale, denial, or delay. 

That no power of suspending laws shall be exercised unless 
by the General Assembly or its authority. 

That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted. 

That all persons shall be bailable by sufficient securities, 
unless for capital offenses when the proof is evident or the pre- 
sumption great ; and the privilege of the writ of habeas corpus* 

*The writ of habeas corpvs is a writ, issued by a competent court, directing the 
officer to whom it is directed to bring the person held in confinement before the 
court, so that the cause of his imprisonment may be investigated. 



36 Morton's manual. 

shall not be suspended unless, when in cases of rebellion or in- 
vasion, the public safety may require it. 

That the person of a debtor, where there is not strong pre- 
sumption of fraud, shall not be continued in prison after deliv- 
ering up his estate for the benefit of his creditors in such man- 
ner as shall be prescribed by law. 

That no ex post facto* law nor any law impairing contracts 
shall be made. 

That no person shall be attainted of treason or felony by 
the General Assembly. 

That no attainderf shall work corruption of blood, nor, ex- 
cept during the life of the offender, forfeiture of estate to the 
Commonwealth. 

That the estates of such persons as shall destroy their own 
lives shall descend or vest as in case of natural death ; and, if 
any person shall be killed by casualty,/ there shall be no for- 
feiture by reason thereof. 

That the citizens have a right in a peaceable manner to 
assemble together for their common good, and to apply to 
those invested with the powers of government for the redress 
of grievances or other proper purposes by petition, address, or 
remonstrance. 

That the rights of the citizens to bear arms in defense of 
themselves and the State shall not be questioned ; but the Gen- 
eral Assembly may pass laws to prevent persons from carrying 
concealed arms. 

That no standing army shall, in time of peace, be kept up 
without the consent of the General Assembly, and the military 
shall in all cases and at all times be in strict subordination to 
the civil power. 

That no soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor, in time of war, 
but in a manner to be prescribed by law. 

* An ex post facto law is a law " where, after an action (indifferent in itself) 
is committed, the Legislature then for the first time declares it to have been a 
crime, and inflicts a punishment upon the person who has committed it." 

t An attainder is where a person, by reason of a conviction of a felony, for- 
feits his lands and tenements, and all his civil rights generally, being neither 
allowed to inherit nor transmit an inheritance. 



THE CONSTITUTION OF KENTUCKY. 37 

That the General Assembly shall not grant any title of 
nobility or hereditary distinction, nor create any office the ap- 
pointment of which shall be for a longer time than for a term 
of years. 

That emigration from the State shall not be prohibited. 

Mode of Revising the Constitution. — When expe- 
rience shall point out the necessity of amending the Constitution, 
and when a majority of all the members elected to each House of 
the General Assembly shall, within the first twenty days of any 
regular session, concur in passing a law for taking the sense of 
the people of this Commonwealth as to the necessity and expe- 
diency of calling a convention, it shall be the duty of the sev- 
eral sheriffs, and other officers of elections, at the next general 
election which shall be held for Representatives to the General 
Assembly after the passage of such law, to open a poll for and 
make return to the Secretary of State, for the time being, of 
the names of all those entitled to vote for Representatives who 
have voted for calling a convention ; and if thereupon it shall 
appear that a majority of all the citizens of this State entitled 
to vote for Representatives have voted for calling a conven- 
tion, the General Assembly shall, at their next regular session, 
direct that a similar poll shall be opened and return made for 
the next election for Representatives ; and if thereupon it shall 
appear that a majority of all the citizens of this State entitled 
to vote for Representatives have voted for calling a convention, 
the General Assembly shall, at their next session, pass a law 
calling a convention, to consist of as many members as there 
shall be in the House of Representatives and no more, to be 
chosen on the first Monday in August thereafter, in the same 
manner and proportion, and at the same places, and possessed 
of the same qualifications of a qualified elector by citizens en- 
titled to vote for Representatives, and to meet within three 
months after their election, for the purpose of re-adopting, 
changing, or amending this Constitution ; but if it shall appear, 
by the vote of either year as aforesaid, that a majority of all 
the citizens entitled to vote for Representatives did not vote 



38 morton's manual. 

for calling a convention, a convention shall not then be called. 
And, for the purpose of ascertaining whether a majority of the 
citizens entitled to vote for Representatives did or did not vote 
for calling a convention as above, the General Assembly pass- 
ing the law authorizing such vote shall provide for ascertaining 
the number of citizens entitled to vote for Representatives 
within the State. 

Note.— The Constitution of Kentucky contains several sections in regard to 
the institution of slavery, which of course are now void, as that institution was 
abolished several years ago. 



CHAPTER VIII. 

JURIES, TRIALS, AND JUDGMENTS. 

Trial by Jury is one of the most ancient privileges of 
civil government. Centuries ago this mode of trial was estab- 
lished, and it has ever since been the usual mode of deter- 
mining ordinary issues in the courts. This system is a part of 
the English Code, from which our Government has obtained 
it, "and it was ever esteemed in all countries a privilege 
of the highest and most beneficial nature." 

There are two kinds of juries, the Grand Jury and 
the Petit Jury. 

Grand Jury. — Sixteen Grand Jurymen shall be sum- 
moned by the Sheriff of the county to serve on the first day of 
the term of each Circuit Court, at which penal or criminal 
prosecutions may be tried. A Grand Juryman must be a 
housekeeper and a citizen of the county in which he may 
be called to serve, and over twenty-one years of age. 

Every person summoned to attend as a grand juryman, if 
he fail to attend without a reasonable cause, shall be fined. 

A Grand Jury composed of by-standers, if necessary, may 
be impaneled at any time after the discharge of the Grand 
Jury first impaneled. 

The court shall appoint one of the number of every 
Grand Jury foreman thereof. 

The Grand Jury shall take an oath " to diligently inquire of 
and present all treasons, felonies, misdemeanors, and breaches 
of the penal laws which shall have been committed or done 
within the limits or jurisdiction of the county, of which they 
have any knowledge or may receive information." If a sher- 
iff fail to summon the Grand Jury as required by law, with- 
out a reasonable excuse, he shall forfeit and pay for such offense 
a penalty. 

(39) 



40 morton's manual. 

The Grand Jury can compel persons to appear before 
them and testify. 

Indictment. — If, after hearing the evidence, they con- 
sider that there are reasonable grounds to believe that 
the crime or offense has been committed, they return into court 
an indictment, prepared by the Commonwealth's Attorney, 
charging the person with the crime or offense. The fore- 
man indorses upon the indictment "A true bill," and signs 
his name thereto. The indictment, which is a formal accu- 
sation charging the crime or offense, is then returned into 
court. This is what is called " finding an indictment." If 
the evidence before the Grand Jury should not be deemed 
sufficient, then the indictment is by them "ignored." 

If an indictment is found, the accused must be brought to 
trial. 

If he has already been arrested and held to bail by a 
Justice of the Peace, or other proper magistrate, he answers 
to the charge under his bond. Otherwise he is ordered to be 
arrested by a bench warrant, or writ of arrest. ■ 

After having answered, or being brought into court, 
the accused is entitled to a fair and speedy trial by a jury 
of his peers. This is the trial by the Petit Jury. 

Petit Jury. — A Petit Jury shall consist of twelve per- 
sons, unless the parties agree that it may be composed of a 
less number. 

A competent juryman for the trial of criminal, penal, or 
civil cases in any court must be a citizen, at least twenty- 
one years of age, a housekeeper, sober, temperate, dis- 
creet, and of good demeanor. 

No person who has served upon the panel of the Grand 
or Petit Jury at one term of a court shall be eligible for 
one year thereafter to be placed upon the panel of the Petit 
Jury. 

No person shall be summoned who is not a qualified 
juror. 

If a juror in any case shall take or agree to take a bribe, 



JURIES, TRIALS, AND JUDGMENTS. 41 

or shall, from favoritism or corrupt partiality, give or refrain 
from giving his verdict, and shall be thereof convicted, such 
juror shall not thereafter serve on any jury, and shall be 
fined one hundred dollars and a sum equal to ten times the 
amount received or agreed to be received. 

No sheriff or other officer shall converse with a jury- 
man upon any subject after he has been sworn, unless by leave 
of the court. 

No civil officer shall be summoned on a Petit Jury in any 
court. 

No transient person, physician, surgeon, practicing at- 
torney, or minister of any religious society, shall be compelled 
to serve on a Petit or Grand Jury. Cashiers and tellers of 
all banks doing business in this Commonwealth, and those who 
may be supplying their places for the time, shall be exempt 
from all jury service. 

Each party litigant in civil actions shall have the right 
of peremptory challenge to one fourth of the jury sum- 
moned, and the right to challenge for cause, as now given 
by law. 

In prosecutions for felony the defendant is entitled to 
twenty peremptory challenges, and the Commonwealth to 
five peremptory challenges. 

In prosecutions for a misdemeanor each party is enti- 
tled to three peremptory challenges. 

A challenge to the panel shall only be for a substantial 
irregularity in selecting or summoning the jury. 

Either party can also challenge for cause, as now given 
by law. 

Before hearing the evidence the jury shall take an oath "to 
well and truly try the issue joined and a true verdict to 
render." 

Mode of Selecting Juries. —Three jury commis- 
sioners, appointed by the court, draw the names of per- 
sons who constitute the grand and petit jurors from a box, 
wherein they have placed the names of those from whom the 



42 morton's manual. 

jury are to be drawn. These names so drawn are then 
given to the sheriff to summon. 

In Justices' courts a jury composed of s\x men are author- 
ized to try a case. This jury is not drawn, but summoned from 
by-standers. 

Trial by Jury. — After the jury have been selected the 
trial begins. The plaintiff is the party who brings the 
suit, and the defendant is the party against whom the suit 
is brought. 

The burden of proof is usually on the plaintiff; and the 
party having the burden of proof must first introduce his 
evidence, then the other side is heard. The party having 
the burden of proof has the right to make the closing ar- 
gument to the jury, the other side opens the argument. 

If the jury fail to agree, another trial must be had, but 
the same jury can not try the cause again. 

If the jury agree in civil causes, the court can render a 
judgment in accordance with the verdict, or set it aside and 
grant a new trial for proper cause. 

In criminal and penal causes, if the defendant is found 
"not guilty" by the verdict, he is discharged and the case 
is ended ; but if the defendant is found " guilty" by the ver- 
dict, the court may either render a judgment or set the 
verdict aside as in civil suits. 

A Civil Suit is an action before a court between parties 
for the enforcement of a contract, or some real or supposed 
right. In a civil suit a grand jury is unnecessary. Either 
party may demand a petit jury to determine the facts in the 
case. The party against whom the decision is rendered 
is usually required to pay the costs or expenses of the suit. 

Other Trials. — Equity suits are those in which ques- 
tions of law, and not fact, are involved ; and these are gen- 
erally decided by the court or judge, without the intervention 
of a jury. 

Judgments. — Judgments are the sentences of the law 
pronounced by the court. 



JURIES, TRIALS, AND JUDGMENTS. 43 

The Sheriff is usually required to enforce the judgment 
of the court ; as, in criminal cases to convey the defend- 
ant to the penitentiary, or to execute him, according to 
the judgment. In civil suits, where the judgment is for the 
purpose of enforcing the payment of a debt or money, what 
is called & fieri facias, or an execution, is issued by the clerk 
or proper officer, and placed in the hands of the sheriff, or 
in some cases the constable. It is a writ directing him to 
make the debt out of the property of the defendant and 
pay it over to the plaintiff. Under this writ he is authorized 
to levy upon or seize the property of the defendant in the ex- 
ecution, and sell it after proper notice, and pay to the plaint- 
iff the amount of the debt and costs of the plaintiff. 

Exemptions. — Under the law certain property, real 
and personal, is exempted from execution for debt. 



CHAPTER IX. 

KEVENUE AND TAXATION. 

Sources of Revenue. — Besides the County Kevenue, 
which consists of a tax upon the real and personal property 
in the county, and also a poll or head tax upon the citizens 
thereof, levied by the Court of Claims each year, to meet the 
expenses of the county, there is also an annual tax levied 
upon the real and personal property in the State for the 
purpose of defraying the expenses and the liabilities of 
the State. This is the State Revenue. A portion of this 
tax is set apart for the ordinary expenses of government, 
a portion for the support of common schools, and a portion 
for the use of the sinking fund, which is a reserved fund set 
apart for the payment of the public debt of the State, interest 
thereon, etc. 

This revenue is under the control of the General As- 
sembly, which establishes and regulates the same. Besides 
this, the State collects taxes for licenses from liquor dealers, 
keepers of billiard saloons, bowling saloons, ten-pin alleys, cir- 
cuses, and theatrical performances, and peddlers ; also on law 
processes recording deeds and similar papers. 

We have already referred to the duties of the assessor and 
sheriff in connection with the public revenue. 

Exemptions. — Certain property is exempt from tax- 
ation, such as cattle under a certain value, the growing 
crop on land listed for taxation, the provisions on hand for 
family use ; also court-houses, clerks' offices, jails, public grave- 
yards, lunatic, orphan, and deaf and dumb asylums, hospitals, 
infirmaries, widows and orphans' asylums, foundling hospitals, 
and institutions of like character; also certain real estate 
(44) 



REVENUE AND TAXATION. 45 

and investments of public schools;>colleges, and seminaries ; 
certain real estate belonging to certain secret charitable 
organizations, churches, etc. ; also the property of the United 
States used for custom-houses, post-offices, docks, ship-yards, 
forts, arsenals, and barracks. 



CHAPTER X. 

GOVEKNMENTS OF CITIES. 

Cities and towns usually have their own distinct and 
peculiar laws. 

Organization. — The charter is granted by the State 
Legislature, and may be termed the Constitution of the City. 

The General Council usually comprises the Board of 
Aldermen, which is similar to the Senate, and the Board 
of Councilmen, which is similar to the House of Repre- 
sentatives. This body may be termed the Legislature or 
General Assembly of the city. 

It has the power and authority to make all necessary 
ordinances, appropriations, etc., for the city. 

Officers. — The Mayor is the chief executive officer. 
He sometimes acts as a judicial officer, before whom per- 
sons who violate the city ordinances are brought for trial. 

A Police Judge, however, generally has jurisdiction 
over such cases, with powers similar to that of a justice of 
the peace. 

The Marshal has powers of a nature similar to those 
of a sheriff. The police have power to arrest disorderly 
persons, and those violating the ordinances. 

There is usually a City Attorney, a Street Commis- 
sioner, and other officers, with powers and duties marked 
out by the charter and ordinances of the city. 

The Board of Education have charge of the public 
schools, and have special laws for their guidance. 



(46) 



CHAPTER XI. 

CHAEITABLE INSTITUTIONS. 

It is the duty of every State or government to provide 
for those who, from misfortune or the dispensations of Provi- 
dence, are unable to provide for or take care of themselves. 

State Institutions. — The Lunatic Asylums for the 
care and custody of the lunatics in the State. 

The Deaf and Dumb Asylum is for the care and the 
education of the deaf and dumb. 

The Kentucky Institution for the Blind is for the ed- 
ucation of the blind. 

The Feeble Minded Institute is for the care and edu- 
cation of the feeble-minded children of the State. 

These institutions are established and maintained by law 
and at the expense of the State. 

The Superintendents of each are appointed by the Gov- 
ernor. 

They are allowed annual salaries, paid monthly out of 
the State treasury. 

County Institutions. — Each county must take care of 
its own paupers ; it may purchase land and erect a poor- 
house thereon. 

The Court of Claims has power to levy a sum sufficient 
to pay for the land and necessary improvements and repairs to 
the poor-house ; to support the poor of the county therein ; to 
appoint one or more commissioners of the poor-house and 
premises, and of the poor of the county whom the court may 
order to be kept in the poor-house, and pay them ; to vest 
the commissioners with power by coercion to cause any able- 
bodied poor person kept at such house to labor ; to appoint a 
suitable person to receive the money levied for the institu- 
tion ; to apply the same to the support of the poor in such 

(47) 



48 Morton's manual. 

house, and to allow such receiver a reasonable compensation 
for his services. 

The County Court in term time, or the County Judge in 
vacation, shall have power to order a poor person to be 
taken to the poor-house and supported, and to cause medi- 
cal aid to be employed at the public expense for such of 
the poor of the county as may be deemed worthy. 

Every person going about begging, or staying in any street 
or other place to beg, shall, on the warrant of the Presiding 
Judge of the County Court, be sent to and kept at the poor- 
house ; but if a male and able to work, he may be pro- 
ceeded against under the vagrant laws. 



CHAPTER XII. 

FEDERAL COURTS. 

The Federal Courts, or courts of the United States, are 
something similar to the courts of the States. 

Courts.— The Federal Courts are as follows, viz: Su- 
preme Court, Court of Claims, District Courts, Cir- 
cuit Courts, Courts of Commissioners. 

Supreme Court.— The Supreme Court of the United 
States is the highest court, and the court of last resort 
in the United States. It consists of a Chief-Justice of the 
United States and eight Associate Justices, any six of 
whom shall constitute a quorum. 

They are appointed by the President of the United 
States to serve for life or during good behavior. They 
receive an annual salary, payable monthly, which shall not 
be diminished during their continuance in office. 

The Supreme Court shall have power to appoint a clerk 
and a marshal for said court and a reporter of its decisions. 

One or more deputies may be appointed by the clerk. 

Jurisdiction. The Supreme Court has original jurisdic- 
tion of all controversies of a civil nature where a State 
is a party, and also of proceedings against embassa- 
dors, their servants, and other public ministers. 

It also has appellate jurisdiction from the lower courts 
of the United States in cases allowed by law. 

Court of Claims. — The Court of Claims consists of 
five judges, of whom one is Chief-Justice. 

They are appointed by the President for life or during 
good behavior. 

They receive an annual salary, payable quarterly. 

(49) 



50 morton's manual. 

They have power to appoint a clerk, an assistant clerk, 
a bailiff, and a messenger. 

The Court of Claims has jurisdiction of suits on claims 
against the United States. 

The Supreme Court and Court of Claims hold their 
sessions at the National Capital. 

District Courts. — The United States is divided into 
various judicial districts. 

In every State in the Union there is a District Judge. 
Some of the States are divided into two or more districts. 
In some instances a judge presides over two or more dis- 
tricts. Congress may change the number at any time. 

A District Judge is appointed by the President of the 
United States for life or during good behavior, and he shall, 
at stated times, receive a compensation for his services, 
which shall not be diminished during his continuance in 
office. 

Jurisdiction. The District Courts have jurisdiction of 
all crimes and offenses against the United States, commit- 
ted within their respective districts or upon the high 
seas, the punishment of which is not by death ; of all 
civil causes of admiralty and marine jurisdiction ; of all 
suits for penalties and forfeitures incurred under any law 
of the United States; of all matters and proceedings in 
bankruptcy, and of a great variety of cases arising under 
the laws of the United States. 

Circuit Courts.— The United States is divided into 
nine Circuit Court Districts. 

A Judge for each circuit is appointed by the President 
of the United States for life or during good behavior. 

He holds a court in each district of the circuit, which he 
may hold alone or in conjunction with the District Judge. 
In the absence of the Circuit Judge a District Judge or two 
District Judges may hold the court. A Justice of the 
Supreme Court of the United States is also required to 
hold a court in each circuit at least once in two years, at which 



FEDERAL COURTS. 51 

time he may have associated with him the Circuit Judge or a 
District Judge of the vicinity. 

The salary of the Circuit Judge is greater than that of 
the District Judge, and, like that of the District Judge, shall 
not be diminished during his continuance in office. 

Jurisdiction. The Circuit Courts have jurisdiction of 
all suits of a civil nature at common law or in equity of 
which the United States, by law, has cognizance ; also of suits 
arising under the patent or copyright laws, and of a va- 
riety of other cases. Prosecutions of crimes and offenses 
against the United States may be, generally, in either the 
District or the Circuit Court. Appeals may be taken from 
the District Court to the Circuit Court, and from the Circuit 
Court to the Supreme Court of the United States. 

Trials. — Grand and Petit Jurors may be summoned 
and impaneled in a manner similar to that of the State 
courts. 

The practice, pleadings, and proceedings in the Cir- 
cuit and District Courts of the United States are similar to 
those of the State Circuit Courts. 

Officers. — The officers of the District and Circuit Courts 
are a District Attorney, a Marshal, and a Clerk. 

The District Attorney is appointed by the President 
of the United States for four years. 

His duties are to prosecute, in his district, all delinquents 
for crimes and offenses cognizable under the authority of the 
United States, and to represent the United States in all civil 
actions in which it is concerned in the said district. He re- 
ceives an annual compensation and his fees. 

The Marshal is appointed by the President of the 
United States for four years. 

He may appoint one or more deputies. 

His duties are to serve such writs, orders, notices, 
subpoenas, and similar processes as may be legally issued 
and placed in his hands, to arrest persons charged with crimes 
and offenses, to attend the courts in his district, and keep 



52 Morton's manual. 

order therein, to pay jurors and witnesses for the United 
States, and to perform duties in his courts similar to those 
of a sheriff in the State courts. 

He is required to give a bond for the faithful discharge 
of his duties. 

The Clerk of the District Court is appointed by the 
Judge thereof. 

The Clerk of the Circuit Court is appointed by the 
Judge thereof, the District Judge concurring. 

It is the duty of the clerks to keep a record of all the 
orders and proceedings of their respective courts, and to per- 
form such other duties as may be legitimately required of 
them. 

One person may be clerk of both courts. 

The fees of the clerks and marshals are their compen- 
sation. 

Commissioners' Courts. — The Commissioners of the 
Circuit Courts are the most widely distributed of the judicial 
officers of the United States. Each Circuit Judge is author- 
ized by law to appoint as many discreet persons as he may 
deem proper to serve as Commissioners of the Circuit Court. 

The duties of these Commissioners resemble in some respects 
those of Justices of the Peace as examining courts. They are 
required by law to perform various duties, the principal of 
which are to assist the District and Circuit Courts in taking 
evidence to be used in the trial of causes, and arresting persons 
charged with offenses against the United States, and investi- 
gating the charges, and holding the accused for trial. 

Any Judge of a State or of the United States or any Mag- 
istrate is authorized, by law, to arrest, imprison, or bail any 
person charged with an offense against the United States. 



CHAPTER XIII. 

EXECUTIVE DEPAKTMENT OF THE UNITED STATES. 

President and Vice-President. — The President is 
the chief executive officer of the United States. He is 
called the Chief Magistrate of the nation. He is elected 
and holds his office for four years. At the same time 
and for the same period another officer is elected, called 
the Vice-President. 

They are not voted for or elected directly by the people, 
but by a body of men called electors, in the following 
manner : 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State 
may be entitled in the Congress.* 

These electors choose the President and Vice-President. In 
case no person receives a majority of the votes cast by the 
electors, then the Constitution of the United States directs how 
the election shall take place. 

In case of the death, resignation, or removal of the 
President, the Vice-President becomes the President; 
and, in case he dies while President, the Secretary of 
State is President. 

No person except a natural born citizen of the United 
States shall be eligible to the office of President ; neither shall 
any person be eligible to that office who shall not have attained 
the age of thirty-five years, and been fourteen years a 
resident within the United States. 

The duties of the President and Vice-President are set 
forth in the Constitution. 

*See Chapter XIV. 

(53) 



54 Morton's manual. 

They receive an annual salary, payable monthly. 

President's Cabinet. — The Cabinet of the President 
consists of eight officers, each the. head of a separate admin- 
istrative department, appointed by the President, as fol- 
lows, viz : The Secretary of State, who shall perform 
snch duties as shall from time to time be enjoined on him 
by the President, relative to correspondence, negotia- 
tions with or instructions to public ministers or consuls from 
the United States, or to negotiations with public ministers from 
foreign States or Princes, or such other matters respecting 
foreign affairs as the President shall assign to his depart- 
ment; the Secretary of the Treasury, who superintends 
the financial affairs of the Government, and recommends 
to Congress such measures as he considers to be of advantage 
to the credit of the nation ; the Secretary of War, who has 
charge of the military affairs of the nation — it is his duty 
to attend to the construction of fortifications, to direct sur- 
veys, to attend to the transportation of troops, to prescribe 
the kinds as well as the amount of supplies to be purchased 
for the army, to establish signal stations, and to have 
supervision of the engineer, subsistence, ordnance, topo- 
graphical, medical, and Quartermaster-General's bureaus, and 
the Adjutant-General's office ; the Secretary of the Navy, 
who has charge of all- naval affairs and of the bureaus 
that are naturally appurtenant thereto, such as navy-yards, 
construction, etc. ; the Secretary of the Interior, who has 
charge and supervision of the census, the public lands, 
the Indians, pensions, bounty lands, patents, and edu- 
cation ; the Secretary of Agriculture, whose duty is to 
acquire and diffuse among the people useful information 
on subjects connected with agriculture ; the Postmaster- 
General, who has the general control and supervision of 
all the post-offices in the United States, and of all postal 
arrangements, both in the United States and with foreign 
nations; and the Attorney-General, who is the head of the 
Department of Justice, which includes the courts of the United 



EXECUTIVE DEPARTMENT OF THE UNITED STATES. 55 

States. He is the legal counsel for the President and other 
Government officers, and it is his duty to advise them and 
give them opinions on any subjects connected with their 
offices, when requested. 

Department of State. — Ambassadors and other Pub- 
lic Ministers are persons sent abroad to represent our Gov- 
ernment in other countries. These representatives are of 
different grades, and are connected with the Department of 
State. A Secretary of Legation is the secretary or clerk 
to a foreign embassy. 

Consuls are persons sent to foreign countries to watch 
over the interests of our commerce, and to protect the 
rights of seamen, and are under the supervision of the Sec- 
retary of State. 

Treasury Department. — In the Treasury Department 
the work is performed by various bureaus, under control of 
the following officers, viz : First Comptroller, Second Comp- 
troller, First Auditor, Second Auditor, Third Auditor, Fourth 
Auditor, Fifth Auditor, Sixth Auditor, Treasurer, Kegister, 
Commissioner of Customs, Comptroller of the Currency, Com- 
missioner of Internal Revenue, Chief of the Bureau of Statis- 
tics, Director of the Mint, Chief of the Bureau of Engraving 
and Printing. 

Duties of Officers : The duties of the Comptrollers 
are to examine all accounts settled by the Auditors, 
to superintend the adjustment of the public accounts, to 
countersign all warrants drawn by the Secretary of the 
Treasury, War, or Navy, and authorized by law, and to 
superintend the preservation of public accounts ; of the 
Auditors are to receive, examine, and audit all accounts 
presented against the United States, and transmit the same to 
the Comptroller for his decision thereon; of the Register 
are to keep all accounts of the receipts and expenditures 
of the public money, and of all debts due to or from the 
United States, and to receive and preserve all accounts 
which shall have been finally adjusted by the Comptroller 



56 morton's manual. 

and Commissioner of Customs ; and of the Commissioner 
of Customs are to examine all accounts settled by the 
First Auditor relating to the receipts from customs. 

The Comptroller of the Currency shall have super- 
vision of the national banks, and conduct the business of 
the currency bureau. The Commissioner of Internal 
Revenue shall have general superintendence of the as- 
sessment and collection of all duties and taxes imposed by 
any law providing for internal revenue. The Bureau of 
Statistics shall have charge of the collection, arrangement, 
and classification of such statistical information as may be 
procured, showing or tending to show each year the condition 
of the agriculture, manufactures, domestic trade, currency, and 
banks of the several States and Territories. The Bureau of 
the Mint has under its control all mints for the manufac- 
ture of coin. The Bureau of Engraving and Printing 
has under its supervision the internal revenue stamps, the 
national bank notes, and the notes, bonds, and securities 
of the United States. 

Besides these the Supervising Architect, who has the 
general supervision of the construction of all United States 
buildings, is under the direction of the Treasury Department. 

War Department.— The Secretary of War is assisted 
in the discharge of the duties of his office by the Adjutant- 
General, his chief assistant ; the Quartermaster-Gen- 
eral, who has charge of the military stores and supplies ; 
the Commissary-General, who has charge of the subsist- 
ence department; the Paymaster-General, who super- 
intends the pay department of the army ; the Surgeon- 
General, who has charge of the medical department; the 
Chief of Engineers, who has charge of the corps of army 
engineers ; the Chief of Ordnance, who has charge of the 
ordnance supplies; the Chief Signal Officer, who has 
charge of all signal duty; and the Judge-Advocate Gen- 
eral, who has charge of the bureau of military justice. 

The Coast Survey, which has charge of the preparations 



EXECUTIVE DEPARTMENT OF THE UNITED STATES. 57 

of charts from surveys of the entire sea-coast of the 
United States, is under the direction of the War Depart- 
ment. 

Navy Department.— The Navy Department contains 
the Bureau of Yards and Docks, which has charge of the 
construction of docks, piers, etc.; the Bureau of Equip- 
ment and Recruiting, which has charge of recruiting ; 
the Bureau of Navigation, which has charge of the naval 
apprentices, the naval observatory, the naval signal 
office, etc.; the Bureau of Ordnance, which has charge of 
the ordnance stores ; the Bureau of Medicine and Sur- 
gery, which has charge of the medical supplies and naval 
hospitals ; the Bureau of Provisions and Clothing, in 
charge of provisions and clothing ; the Bureau of Steam 
Engineering, in charge of the steam machinery, and the 
Bureau of Construction and Repair, in charge of plan- 
ning, building, and repairing vessels. 

Department of the Interior. — Its branches are : The 
Patent Office, the Commissioner of which has charge 
of the hearing and deciding cases relating to patents; the 
Pension Office, the Commissioner of which has charge 
of the granting of pensions ; the Land Office, the Com- 
missioner of which has charge of the various matters 
concerning the public lands; the Office of Indian Af- 
fairs, the Commissioner of which has the general superin- 
tendence of all Indian affairs ; the Office of the Census, 
the Superintendent of which has charge of the census ; 
and the Bureau of Education, the Commissioner of 
which has charge of collecting and distributing statistics 
in regard to education in the United States. 

Post-office Department. — The Assistants of the Post- 
master-General are: The First Assistant Postmaster- 
General, who has the superintendence of the appoint- 
ment and removal of postmasters of a certain class ; the 
Second Assistant Postmaster-General, who has super- 
vision of letting contracts for carrying the mail, and the 



58 morton's manual. 

Third Assistant Postmaster-General, who has charge 

of the general financial business of the department. 

Postmasters are divided into different classes. The 
highest class are appointed by the President, others by 
the post-office department. 

General Remarks. — In all these Cabinet departments 
a sufficient number of clerks are employed to assist in 
the transaction of business. 

The Army and Navy of the United States have nu- 
merous officers, all of whom receive pay from the United 
States treasury. 

Many of the officers appointed by the President have to 
be confirmed by the Senate. 

There are many thousands of officers in the United 
States performing service under the different depart- 
ments of the Government. It would require a large volume 
to describe minutely the grand system by which our Govern- 
ment is moved. 



CHAPTER XIV. 

CONGKESS. 

Organization. — The law-making power of the United 
States is vested in the Senate and House of Represent- 
atives. These two bodies are known as the Congress. 

Each Congress lasts two years, and holds two ses- 
sions — a long one and a short one ; but special sessions 
may be called by the President of the United States. 

The Constitution of the United States defines the powers 
and the duties of Congress. 

Congress is very similar to our State Legislature. 

The President may veto any bill ; but it can be passed 
over his veto, and become a law, if approved by two thirds 
of both Houses. 

Senate. — Each State is entitled to two Senators. 
They are elected by their respective State Legislatures, 
and hold office for six years. 

In the original selection of Senators it was so arranged, 
and is now so continued, that one third of the Senators go 
out every two years ; that is, that whenever a new Congress 
meets two thirds of the Senate are men who have pre- 
viously served in that body. This is a plan somewhat 
similar to that of our State Senate, in which one half of 
the Senators retire every two years. It is believed that this 
plan best preserves the dignity and usefulness of the Senate. 

The Vice-President is ex-officio President of the Senate. 

A Senator must be at least thirty years of age, a citi- 
zen of the State from which he is elected, and have been a 
citizen of the United States nine years preceding his 
election. 

5 (59) 



60 morton's manual. 

House of Representatives. — The House of Repre- 
sentatives consists of members elected directly by the peo- 
ple. They hold office for two years. 

The number of Representatives from any State is deter- 
mined by its population, according to a regular apportionment, 
which is based upon the decennial census. Each State, how- 
ever, is entitled to one Representative. 

A Representative must be at least twenty-five years of 
age, and must have been at least seven years a citizen of the 
United States, and an inhabitant of the State from which he is 
chosen. 

All bills for raising revenue must originate in the House 
of Representatives. 

The Senators and Representatives receive a compen- 
sation fixed by law, and paid out of the treasury of the 
United States. 

Note.— Each organized Territory is entitled to one Delegate, who may engage 
in debate, but not vote. 



CHAPTER XV. 

REVENUE OF THE UNITED STATES. 

Sources of Revenue. — The Revenue of the United 
States is obtained principally from the Tariff and the Inter- 
nal Revenue. 

The revenue thus collected is paid into the treasury of 
the United States, and is used for the purpose of paying the 
debts and expenses of the Government, and providing for 
the common defense and general welfare. 

A vast sum of money is collected every year from these 
sources. 

The Tariff. — The Tariff is a tax or duty imposed by law 
upon certain articles imported into this country from for- 
eign countries. 

Collectors of Customs are stationed at the different 
ports of the United States, whose duty it is to collect the 
tariff. 

The Internal Revenue.— The Internal Revenue con- 
sists of taxes levied upon certain articles, and the manu- 
facturers thereof, which are manufactured in the United 
States, the principal of which are whisky and tobacco. 

Collectors of Internal Revenue are located through- 
out the different States for the purpose of collecting the 
internal revenue. 

The officers who attend to the collection of the internal 
revenue are the Collectors, Gaugers, and Storekeepers. 



(61) 



CHAPTER XVI. 

CRIMES AND PUNISHMENTS. 

A knowledge of the criminal law is very essential to 
the peace, happiness, and prosperity of every government. 

Every citizen should understand the nature of crimes 
and punishment in order that he may avoid committing a 
crime. 

"A crime or misdemeanor is an act committed or 
omitted in violation of public law, either forbidding or com- 
manding it. This general definition comprehends both crimes 
and misdemeanors, which, properly speaking, are mere syn- 
onymous terms ; though, in common usage, the word ' crimes ' 
is made to denote such offenses as are of a deeper and more 
atrocious dye, while smaller faults and omissions of less con- 
sequence are comprised under the gentler name of misdemean- 
ors only." 

Under our statute offenses are either felonies or misde- 
meanors. Such offenses as are punishable with death 
or confinement in the penitentiary are felonies. All 
other offenses, whether at common law or made so by 
statute, are misdemeanors. 

Felonies. — Treason, which is levying war against the 
Government, or adhering to its enemies, giving them aid and 
comfort, and murder, which is the willful and malicious tak- 
ing of human life, are classed as felonies by our statutes. 

The punishment for these crimes is death or confinement 
in the penitentiary. 

Manslaughter, which is taking life in sudden heat and 
passion ; bigamy, which is the crime of marrying again when 
the offender has a living wife or husband undivorced ; rob- 
bery, which is the feloniously taking of the personal property 

(62) 



CRIMES AND PUNISHMENTS. 63 

of another from his person or in his presence by violence, or 
putting him in fear; burglary, which is the breaking into a 
dwelling-house in the night time with the intention of com- 
mitting a felony ; maiming, which is unlawfully putting out 
an eye, or cutting or biting off or slitting the tongue, nose, ear, 
or lips, or cutting or biting off any other limb or member of 
another person ; arson, which is the malicious and willful 
burning or attempting to burn any house ; perjury and false 
swearing, which is willfully swearing to that which is false in 
some judicial proceeding ; subornation of perjury, which 
is unlawfully and corruptly causing or procuring another to 
commit these offenses ; forgery, which is the fraudulent mak- 
ing or alteration of a writing to the prejudice of another man's 
right; counterfeiting, which is the making of imitations of 
the true money or currency of the State or Government without 
lawful authority, with a view to defraud by passing the imita- 
tions for the true currency or money ; grand larceny, which 
is the felonious taking and carrying away of the personal goods 
of another, where the property stolen is worth ten dollars or 
more ; embezzlement, which is for one person willfully and 
fraudulently to convert the property of another person to his 
own use, are also felonies, the punishment for which is 
confinement in the penitentiary for a term of years 
corresponding to the gravity of the crime. 

Of other felonies the following may be named : Will- 
fully and maliciously shooting or stabbing another with 
intention to kill, or maliciously attempting to poison 
another, when death does not ensue; willfully stabbing, 
striking, or shooting another, not intending to produce 
death, whereby the person so injured shall die ; attempting 
to commit robbery; having burglar's tools in posses- 
sion with intent to use them burglariously; knowingly 
sending a threatening letter to another with the inten- 
tion to extort money or other property; breaking into any 
house with intent to steal or destroy property ; unlawfully 
arresting or imprisoning another, or transporting him 



64 moeton's manual. 

against his will beyond the bounds of this Commonwealth, or 
aiding or abetting any one to do the same ; unlawfully 
collecting or receiving money or other property from 
another, under the pretext of acting under any civil or mili- 
tary authority of this State or the United States ; pretending 
to act under any civil or military authority of this State or 
the United States, and unlawfully, by force or threats, pre- 
venting another from exercising his lawful trade or 
calling, or from the free import or export of any article of 
produce or merchandise, the import or export of which is not 
prohibited by law, or requiring any license other than 
that imposed bylaw for the doing of any such acts; know- 
ingly having counterfeit money in possession with the 
intention of passing the same; attempting to destroy a 
steamboat, vessel, or other water-craft; knowingly 
receiving stolen goods of the value of ten dollars or 
more; fraudulently destroying or concealing a will; 
obtaining money or property by false pretenses ; mar- 
rying another, becoming bail for any party, confessing any 
judgment, acknowledging the conveyance of any instrument, 
which by law may be recorded, or doing any other act, in 
another's name, whereby the person so personated becomes 
liable or may become liable for debt, damages, or money; 
defacing or cutting down a corner tree or stone to 
the survey of any tract of land ; tearing up a railroad track 
or placing an obstruction thereon*; voluntarily suffer- 
ing a prisoner to escape, guilty of felony, by any officer 
having him in his custody ; assisting a prisoner to escape, 
if the prisoner is charged with felony. The punishment 
for all these crimes is confinement in the penitentiary. 

Any school trustee willfully making any false re- 
port, required by law to be reported, or any notary public, 
falsely stating in any protest made by him that notices 
were given or sent by him, shall be deemed guilty of 
false swearing, and confined in the penitentiary. 

* If death is caused thereby, it is murder. 



CRIMES AND PUNISHMENTS. 65 

A person in jail convicted of felony, if he escapes, 
shall be confined in the penitentiary one year for the offense. 

Misdemeanors.— Petit larceny, which is the felonious 
taking and carrying away of the personal goods of another, 
where the property is of less value than ten dollars ; know- 
ingly receiving stolen goods of less value than ten 
dollars ; unlawfully shooting and wounding, or shoot- 
ing at without wounding, another ; enticing any person 
to abandon any contract for labor; voluntarily suffering 
a prisoner guilty of a misdemeanor to escape by any 
officer having him in custody; assisting a prisoner to 
escape if the prisoner is charged with misdemeanor ; disturb- 
ing religious worship; swearing profanely or being 
drunk ; violating the Sabbath day by doing work or busi- 
ness ; killing, disfiguring, or maiming any stock not his 
own ; being guilty of riot, rout, or breach of the peace ; 
fighting a duel or sending a challenge ; racing on the 
highway; injuring or defacing property of any kind; 
carrying concealed a deadly weapon ; unlawfully 
shooting in a town or city ; selling liquor without license, 
or to a minor, or to any known inebriate, and gaming, are the 
principal misdemeanors defined in our statutes. The 
punishment for a misdemeanor is fine or imprisonment 
in jail, or both. 

Crimes against the United States. — These are prin- 
cipally as follows, viz : 

Treason, which has already been defined. 

Violating the pension laws, such as fraudulently ob- 
taining or fraudulently assisting any one to obtain a pension, 
or for an attorney or agent to charge an applicaDt for ob- 
taining a pension a larger sum than is allowed by law, etc. 

Violating the postal laws, such as mail robbery, in- 
tercepting or detaining unlawfully the letters or packages of 
another, or opening, embezzling, or destroying the same ; 
breaking into a post-office, sending letters with intent to de- 
fraud, using postage stamps which have already been used, etc. 



66 

Violating the internal revenue laws, such as carry- 
ing on the business of a distiller or liquor dealer or manufact- 
urer of tobacco without having paid a license therefor, unlaw- 
fully breaking -into a bonded warehouse or distillery, unlaw- 
fully removing spirits on which the tax is not paid, making 
and using false stamps, frauds in inspection, gauging, etc. 

Counterfeiting the coin or currency, etc., of the United 
States. 

Crimes committed upon the vessels of the United States on 
the high seas, and crimes committed on lakes, harbors, 
rivers, etc., over which the United States has jurisdiction, 
and crimes committed in the Territories of the United 
States. 

Modes of Punishment. — There are several ways of 
punishing persons guilty of violating the law, the principal of 
which are as follows, viz : 

1. Execution, which is putting any one to death as a 
legal penalty. This is called capital punishment, and is 
usually inflicted by hanging. 

2. Confinement in the penitentiary. The peniten- 
tiary is a house of correction, in which offenders against 
the law are confined for punishment and reformation, and 
compelled to labor. The penitentiary of this State is under 
the control of a warden, appointed by the Commissioners 
of the Sinking Fund (the Goveriior, Secretary of State, At- 
torney General, Auditor, and Treasurer), who have general 
supervision thereof. A work-house is a city or town prison 
similar to the penitentiary. 

3. Confinement in jail. 

4. Fines. 

5. Forfeiture of right of suffrage and to hold office. 

Note. — Whipping and branding are also resorted to in some instances and 
places, but this does not apply to our State. In some countries malefactors are 
banished, and there are also other modes of punishment which are not common 
to our Government. 



QUESTIONS. 



CHAPTER I. 

"What is civil government? "Why was it established? What are 
the foundations of society? How was the preservation of mankind ef- 
fected? "What keeps mankind together, and demonstrates the necessity 
of this union? "What is the .natural foundation and cement of civil 
society? What is meant by the original contract of society? What 
should the community do ? What should each individual do ? What is 
necessary for protection? When does government result? For what 
is it necessary? Why should a superior be constituted and obeyed? 
Name the different forms of government, and define them? What is a 
Republic? Tell the difference between a Eepubiic and a Democracy? 
What is the Government of the United States? Of what is the United 
States composed? What is the Constitution of the United States? 
What are the reserved rights of the States? What may the Constitu- 
tion be properly called? What can not the Congress nor the Legis- 
lature do? Of what is a State composed? What is a State? What 
does the National Constitution bind? What does the State Constitu- 
tion bind? What does the United States and State have? What is 
a county ? What is the character of the civil government of the States? 



CHAPTER II. 

How is a county divided? What of roads ? What is the duty of 
the Government in regard to roads? What power can open and keep 
roads in repair? How are roads opened, altered, or discontinued? 
How are damages assessed? How are the damages paid? Through 
what places shall a road not run? How wide shall roads be? What is 
the penalty for obstructing a road? Who can divide roads into pre- 
cincts? What is the duty of a Surveyor? Who appoints the Surveyor? 
When can the Surveyor resign? What persons shall work on a road? 
What is the penalty for a failure to attend and work? What may the 
Surveyor impress? Who pays for articles impressed? What is the 
compensation of a Surveyor of roads? How are turnpike roads built? 
How are lands acquired by them? What regulates the tolls and man- 
ner of travel? What of education? By whom are school districts 
established? How many pupils shall be included in a district? "Vyhat 
is the school fund? Under whose control are the districts? For how 

(67) 



68 morton's manual. 

long are the Trustees elected? Who is chairman of the Board? What 
are the Trustees ? What taxes have they a right to levy ? What are 
their powers and duties? What is their compensation? What of the 
office of Justice of the Peace? How is each county divided? How 
many justices in each district? How long do they serve? What are 
the powers of a Justice of the Peace? What is the Court of Claims? 
What are its duties? What is the compensation of a Justice of the 
Peace? For how long is a Constable elected? What are his duties? 
What is his compensation ? Does he give a bond ? 



CHAPTER III. 

For how long is the County Judge elected ? What are his duties 
and powers? What is his compensation? Does he give a bond? For 
how long is the County Clerk elected? What are his duties? What 
is his compensation? Does he give bond? For how long is the Sheriff 
elected? When is he ineligible for re-election? What are his duties 
and powers? What is his compensation? Does he give bond? For 
how long is the County Attorney elected? What are his duties and 
compensation? For how long is the Assessor elected? What are his 
duties and compensation? Does he give a bond? What is the Board 
of Supervisors? What are their duties? For how long is the County 
Surveyor elected? What are his duties and compensation ? Does he give 
a bond? For how long is the Coroner elected? What are his duties 
and compensation ? Does he give a bond ? For how long is the County 
Superintendent elected? What are his duties and compensation? Does 
he give bond? What is the term of office of Circuit Court Clerk? 
What are his duties? His compensation, etc? For how long is the 
Jailer elected? What are his duties and compensation? What of the 
eligibility of these officers? How are vacancies filled? 



CHAPTER IV. 

When are County Courts held? Are they courts of record? Who 
holds them? What are the powers of the County Court? What is the 
Court of Claims ? What are its powers ? What is the Quarterly Court ? 
Who holds it? What are its powers? What are Justices' Courts? 
What is a Circuit Court? What are its powers and jurisdiction? Who 
presides over it? Is it a court of record ? How often is it held ? What 
are the qualifications of a Circuit Judge? For how long is he elected ; 
and by whom? What is the compensation of the Judge of the Circuit 
Court? For how long is a Commonwealth's Attorney elected? Who 
may fill the office? What are his duties? His compensation? What 
are Criminal, Common Pleas, and Chancery Courts? What is the 
Court of Appeals? Of how many judges is it composed; and for how 
long are they elected? What of its salaries? What are the qualifica- 
tions of the judges? What are their duties; compensation? How is 
the Clerk of the Court of Appeals elected? What are his duties? 
Qualifications? Compensation? How is the Reporter of the Court 
of Appeals elected? What are his duties? Qualifications? Compen- 
sation ? How is the Sergeant of the Court of Appeals elected ? What 



QUESTIONS. 69 

are his duties ? Qualifications ? Compensation ? What is the Superior 
Court? How many judges has it, and for how long are they elected? 
What are their qualifications? What is their jurisdiction? What of 
their compensation ? 

CHAPTER V. 

How many Senatorial Districts? How arranged? Who elect the 
Senators? Term of office? How is their election arranged? How 
many members of the House? When is a county entitled to more 
than one Representative? When does one represent several counties? 
How and when is the ratio fixed ? Term of office ? Qualifications of 
a Senator? Of a member of the House? What persons are disquali- 
fied for either office ? What exceptions are made to this ? What con- 
stitutes a quorum? What does each House decide? Contested elec- 
tion, how decided? Each House establishes what? Duties of each? 
Duty in reference to adjournment? Bills for Revenue originate where? 
Restrictions on laws passed? What proceedings are had before a bill 
is passed? How may this be dispensed with? What sum can be ap- 
propriated without a majority of all voting? When must yeas and 
nays be entered in the journal? 

CHAPTER VI. 

What is the Governor? With what power is he vested? For 
how many years is he elected? What are his qualifications? Who 
can not be Governor? What of his compensation? What are his 
powers and duties? When and for how long is the Lieutenant-Gov- 
ernor elected? What are his qualifications and duties? How are 
vacancies in the offices of Governor and Lieutenant-Governor filled ? 
What is the compensation of the Lieutenant-Governor? How is the 
Secretary of State appointed? What are his duties? For how long is 
the Treasurer elected ? What are his qualifications and duties ? Does 
he give a bond? For how long is the Auditor elected? What are his 
duties and qualifications? Does he give bond? For how long is the 
Attorney-General elected? What are his duties and qualifications? 
For how long is the Register of the Land Office elected? What are 
his duties and qualifications? For how long is the Superintendent of 
Public Instruction elected? What are his duties and qualifications? 
What are the duties of the State Geologist; the Commissioner of Agri- 
culture; the Commissioner of Mines; the Adjutant-General; by whom 
are these officers appointed ? How is the State Librarian elected ; du- 
ties? What is the Public Printer? What are his duties and compen- 
sation ? How is the State Inspector and Examiner appointed? Term 
of office? Duties? What is the Commissioner of Insurance? What 
are his duties? What are the compensations of these officers? What 
is the Board of Equalization ? What are its duties and compensation? 
What are the salaries of the Auditor, Treasurer, etc ? How are vacan- 
cies filled? 

CHAPTER VII. 

What is a constitution ? What is the Constitution of Kentucky? 
What can not the General Assembly do? What does the preamble to 





70 Morton's manual. 

the State Constitution declare? State, in substance, the provisions of 
the State Constitution. State how it may be revised. "Who are quali- 
fied voters ? What are their privileges ? What is the Bill of Eights ? 
State its provisions. 

CHAPTER VIII. 

What of trial by jury? How many kinds of juries are there? 
What are they called? What are the qualifications of a grand jury- 
man? How many persons constitute the grand jury? What is the 
penalty for failure to attend as a grand juryman ? When may by- 
standers be impaneled? How is the foreman appointed? What is 
the oath of the grand jury? What power have they in regard to testi- 
mony? What is an indictment? When may it be returned? By 
whom is it prepared? What is indorsed upon the indictment, and by 
whom? When may an indictment be ignored? When, and in what 
manner, is the accused brought to trial? What is the trial by the petit 
jury? Of how many persons does it consist? State the qualifications 
of a competent juryman. When is a person ineligible as a juryman^? 
Who shall not be summoned? What is the penalty for a juryman 
receiving a bribe, etc? Who may not converse with the jury? Who 
may not be compelled to serve on a jury? How many peremptory 
challenges, and when ? What is a challenge to the panel? What oath 
shall the jury take? How are juries drawn and summoned? How 
many persons constitute a jury in Justices' Courts? How are they 
summoned ? When does the trial by jury begin ? How is the evidence 
introduced? Who may make the closing argument? What if the 
jury fail to agree? What of a verdict in civil causes; in criminal and 
penal causes? What is a civil suit? What is the plaintiff; the 
defendant? Who may demand a petit jury? Who must pay the 
costs? What are equity suits? What are judgments? How are 
judgments enforced? What are exemptions? 



CHAPTER IX. 

What is the county revenue? State revenue? How is it set 
apart? Under whose control is it? What other taxes are collected? 
What property is exempt from taxation? 



CHAPTER X. 

What of cities and towns? What is the charter? Describe the 
organization. Name the officers. Duties of each ? 

CHAPTER XI. 

What is the duty of every State or Government? What are luna- 
tic asylums? Deaf and dumb asylum? Kentucky Institution for the 
Blind? Feeble-minded institute? How are they maintained and es- 
tablished? By whom are the Superintendents appointed? What of 



QUESTIONS. 71 

their salaries ? What is the duty of each county in regard to its pau- 
pers? What is the power of the Court of Claims? Of the County 
Judge ? What is the law in reference to beggars ? 

CHAPTER XII. 

What are the Federal Courts? • What is the Supreme Court? Of 
how many judges does it consist? By whom are they appointed, and 
for how long? What of their salaries? Jurisdiction? What is the 
Court of Claims? Of how many judges does it consist? What of their 
salaries ? Jurisdiction ? How is the United States divided ? How many 
District Judges in a State? By whom and for how long is the District 
J udge appointed ? What is the jurisdiction ? What of Circuit Courts ? 
By whom and for how long are the judges appointed? How are the 
Circuit Courts held? What of the salaries? Jurisdiction of the Cir- 
cuit Courts ? What of appeals ? Practice and pleadings ? What are 
the officers, and what are their duties and salaries ? Commissioners of 
Circuit Courts ? Their duties ? 

CHAPTER XIII. 

Who is the President? For how long does he hold office? Who 
is the Vice-President? How are they elected? In case of death, etc., 
who becomes President? What are the qualifications of the Presi- 
dent? What are their salaries? What is the Cabinet? By whom 
appointed? Describe the duties of the Secretary of State; Secretary 
of the Treasury; Secretary of War; Navy; Interior; Secretary of 
Agriculture ; Postmaster - General ; Attorney - General ; Ambassadors, 
etc.; Secretary of Legation; Consuls; Comptrollers; Auditors; Com- 
missioners of Customs; Comptroller of Currency; Commissioner of 
Internal Eevenue; Bureau of Statistics; Bureau of the Mint; Bureau 
of Engraving and Printing; Supervising Architect; Adjutant-Gen- 
eral; Quartermaster - General ; Commissary-General; Paymaster-Gen- 
eral; Surgeon-General; Chief of Engineers; Chief of Ordnance; Chief 
Signal Officer; Advocate-General; Coast Survey. What of the Bureau 
of Yards and Docks; Equipment and Recruiting; Navigation; Ord- 
nance; Medicine and Surgery; Provisions and Clothing; Steam Engi- 
neering, and Construction and Repairs ; Patent Office; Pension; Land; 
Indian Affairs; Office of the Census; Bureau of Education; Assistants 
Postmaster-General? How are Postmasters appointed ? 

CHAPTER XIV. 

In what is the law-making power of the United States vested? 
What is Congress? What of the veto power? Compensation of Sen- 
ators and Representatives? How long does each Congress last? How 
may special sessions be called? To how many Senators is each State 
entitled? How are they elected? For how long do they hold office? 
How is the election of Senators arranged? What are the qualifications 
of a Senator? How are Representatives elected? For how long do 
they hold office? How is the number of Representatives determined? 
What are their qualifications ? What of bills for raising revenue ? 



72 moeton's manual. 



CHAPTER XV. 

How is the Kevenue of the United States obtained? What is done 
with the revenue? "What is the Tariff; Collectors of Customs; Inter- 
nal Eevenue; Collectors of Internal Eevenue? What are Gangers and 
Storekeepers ? 

CHAPTER XVI. 

What is a crime or misdemeanor? What are felonies; misde- 
meanors? What is treason; murder; etc? What is the punishment 
for each? Petit larceny; etc? Punishment for each? Describe the 
principal crimes against the United States. Describe the different 
crimes and punishments. What is a penitentiary; a work-house? 



CONSTITUTION OF KENTUCKY. 



PKEAMBLE. 

We, the representatives of the people of the State of Kentucky, 
in convention assembled, to secure to all the citizens thereof the 
enjoyment of the rights of life, liberty, and property, and of pur- 
suing happiness, do ordain and establish this Constitution for its 
government. 

ARTICLE I. 

CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

Section 1. The powers of the Government of the State of Ken- 
tucky shall be divided into three distinct departments, and each of 
them be confided to a separate body of magistracy, to wit : Those 
which are legislative, to one ; those which are executive, to another ; 
and those which are judiciary, to another. 

Sec. 2. No person, or collection of persons, being of one of those 
departments, shall exercise any power properly belonging to either 
of the others, except in the instances hereinafter expressly directed 
or permitted. 

ARTICLE II. 

CONCERNING THE LEGISLATIVE DEPARTMENT. 

Section 1. The legislative power shall be vested in a House of 
Kepresentatives and Senate, which together shall be styled the 
General Assembly of the Commonwealth of Kentucky. 

Sec. 2. The members of the House of Representatives shall 
continue in service for the term of two years from the day of the 
general election, and no longer. 

Sec. 3. Representatives shall be chosen on the first Monday in 
August in every second year, and the mods of holding the elections 
shall be regulated by law. 

Sec. 4. No person shall be a Representative who, at the time 
of his election, is not a citizen of the United States, has not at- 
tained the age of twenty-four years, and who has not resided in 
this State two years next preceding his election, and the last year 
thereof in the county, town, or city for which he may be chosen. 

Sec. 5. The General Assembly shall divide each county of this 
Commonwealth into convenient election precincts, or may delegate 

(73) 



74 morton's manual. 

power to do so to such county authorities as may be designated by 
law; and elections for Eepresentatives for the several counties shall 
be held at the places of holding their respective courts, and in the 
several election precincts into which the counties may be divided : 
Provided, That when it shall appear to the General Assembly that 
any city or town hath a number of qualified voters equal to the 
ratio then fixed, such city or town shall be invested with the privi- 
lege of a separate representation in either or both Houses of the 
General Assembly, which shall be retained so long as such city or 
town shall contain a number of qualified voters equal to the ratio 
which may, from time to time, be fixed by law ; and thereafter elec- 
tions for the county in which such city or town is situated shall not 
be held therein ; but such city or town shall not be entitled to a 
separate representation unless such county! after the separation, 
shall also be entitled to one or more Eepresentatives. That when- 
ever a city or town shall be entitled to a separate representation in 
either House of the General Assembly, and by its numbers shall be 
entitled to more than one Representative, such city or town shall 
be divided, by squares which are contiguous, so as to make the most 
compact form, into representative districts, as nearly equal as may 
be, equal to the number of Representatives to which such city or 
town may be entitled; and one Representative shall be elected 
from each district. In like manner shall said city or town be 
divided into Senatorial districts, when, by the apportionment, more 
than one Senator shall be allotted to such city or town ; and a Sen- 
ator shall be elected from each Senatorial district ; but no ward or 
municipal division shall be divided by such division of Senatorial 
or Representative districts, unless it be necessary to equalize the 
elective Senatorial or Representative districts. 

Sec. 6. Representation shall be equal and uniform in this Com- 
monwealth, and shall be forever regulated and ascertained by the 
number of qualified voters therein. In the year 1850, again in the 
year 1857, and every eighth year thereafter, an enumeration of all 
the qualified voters of the State shall be made ; and, to secure uni- 
formity and equality of representation, the State is hereby laid off 
into ten districts. The first district shall be composed of the coun- 
ties of Fulton, Hickman, Ballard, McCracken, Graves, Calloway, 
Marshall, Livingston, Crittenden, Union, Hopkins, Caldwell, and 
Trigg. The second district shall be composed of the counties of 
Christian, Muhlenburg, Henderson, Daviess, Hancock, Ohio, Breck- 
inridge, Meade, Grayson, Butler, and Edmonson. The third district 
shall be composed of the counties of Todd, Logan, Simpson, War- 
ren, Allen, Monroe, Barren, and Hart. The fourth district shall be 
composed of the counties of Cumberland, Adair, Green, Taylor, 
Clinton, Russell, Wayne, Pulaski, Casey, Boyle, and Lincoln. The 
fifth district shall be composed of the counties of Hardin, Larue, 
Bullitt, Spencer, Nelson, Washington, Marion, Mercer, and Ander- 
son. The sixth district shall be composed of the counties of Gar- 
rard, Madison, Estill, Owsley, Rockcastle, Laurel, Clay, Whitley, 
Knox, Harlan, Perry, Letcher, Pike, Floyd, and Johnson. The sev- 



CONSTITUTION OF KENTUCKY. 75 

enth district shall be composed of the counties of Jefferson, Old- 
ham, Trimble, Carroll, Henry, and Shelby, and the city of Louis- 
ville. The eighth district shall be composed of the counties of 
Bourbon, Fayette, Scott, Owen, Franklin, Woodford, and Jessamine. 
The ninth district shall be composed of the counties of Clark, Bath, 
Montgomery, Fleming, Lewis, Greenup, Carter, Lawrence, Morgan, 
and Breathitt. The tenth district shall be composed of the coun- 
ties of Mason, Bracken, Nicholas, Harrison, Pendleton, Campbell, 
Grant, Kenton, Boone, and Gallatin. The number of Representa- 
tives shall, at the several sessions of the General Assembly next 
after the making of the enumerations, be apportioned among the 
ten several districts according to the number of qualified voters in 
each ; and the Representatives shall be apportioned, as near as may 
be, among the counties, towns, and cities in each district; and in 
making such apportionment the following rules shall govern, to wit: 
Every county, town, or city having the ratio shall have one Rep- 
resentative; if double the ratio, two Representatives, and so on. 
Next, the counties, towns, or cities having one or more Represent- 
atives, and the largest number of qualified voters above the ratio, 
and counties having the largest number under the ratio shall have 
a Representative, regard being always had to the greatest number 
of qualified voters : Provided, That when a county may not have a 
sufficient number of qualified voters to entitle it to one Represent- 
ative, then such county may be joined to some adjacent county or 
counties, which counties shall send one Representative. When a 
new county shall be formed of territory belonging to more than 
one district, it shall form a part of that district having the least 
number of qualified voters. 

Sec. 7. The House of Representatives shall choose its Speaker 
and other officers. 

Sec. 8. Every free white male citizen of the age of twenty-one 
years, who has resided in the State two years, or in the county, 
town, or city in which he offers to vote, one year next preceding 
the election, shall be a voter; but such voter shall have been for 
sixty days next preceding the election a resident of the precinct in 
which he offers to vote, and he shall vote in said precinct and not 
elsewhere. 

Sec. 9. Voters in all cases, except treason, felony, breach or 
surety of the peace, shall be privileged from arrest during their 
attendance at, going to, and returning from elections. 

Sec. 10. Senators shall be chosen for the term of four years, 
and the Senate shall have power to choose its officers biennially. 

Sec. 11. Senators and Representatives shall be elected, under 
the first apportionment after the adoption of this Constitution, in 
the year 1851. 

Sec. 12. At the session of the General Assembly next after the 
first apportionment under this Constitution the Senators shall be 
divided by lot, as equally as may be, into two classes. The seats 
of the first class shall be vacated at the end of two years from the 
day of the election, and those of the second class at the end of four 
years, so that one half shall be chosen every two years. 

6 



76 morton's manual. 

Sec. 13. The number of Representatives shall be one hundred, 
and the number of Senators thirty-eight. 

Sec. 14. At every apportionment of representation the State 
shall be laid off into thirty-eight Senatorial districts, which shall 
be so formed as to contain, as near as may be, an equal number of 
qualified voters, and so that no county shall be divided in the for- 
mation of a Senatorial district, except such county shall be entitled, 
under the enumeration, to two or more Senators; and where two or 
more counties compose a district they shall be adjoining. 

Sec. 15. One Senator for each district shall be elected by the 
qualified voters therein, who shall vote in the precincts where they 
reside, at the places where elections are by law directed to be held. 

Sec. 16. No person shall be a Senator who, at the time of his 
election, is not a citizen of the United States, has not attained the 
age of thirty years, and who has not resided in this State six years 
next preceding his election, and the last year thereof in the district 
for which he may be chosen. 

Sec. 17. The election of Senators next after the first appor- 
tionment under this Constitution shall be general throughout the 
State, and at the same time that the election for Representatives is 
held ; and thereafter there shall be a biennial election for Senators 
to fill the places of those whose term of service may have expired. 

Sec. 18. The General Assembly shall convene on the first Mon- 
day in November after the adoption of this Constitution, and again 
on the first Monday in November, 1851, and on the same day of 
every second year thereafter, unless a different day be appointed by 
law, and their sessions shall be held at the Seat of Government. 

Sec. 19. Not less than a majority of the members of each House 
of the General Assembly shall constitute a quorum to do business, 
but a smaller number may adjourn from day to day, and shall be 
authorized by law to compel the attendance of absent members in 
such manner and under such penalties as may be prescribed thereby. 

Sec. 20. Each House of the General Assembly shall judge of 
the qualifications, elections, and returns of its members, but a con- 
tested election shall be determined in such manner as shall be 
directed by law. 

Sec. 21. Each House of the General Assembly may determine 
the rules of its proceedings, punish a member for disorderly behav- 
ior, and, with the concurrence of two thirds, expel a member, but 
not a second time for the same cause. 

Sec. 22. Each House of the General Assembly shall keep and 
publish weekly a journal of its proceedings, and the yeas and nays 
of the members on any question shall, at the desire of any two of 
them, be entered on their journal. 

Sec. 23. Neither House during the session of the General Assem- 
bly shall, without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which they may be 
sitting. 

Sec. 24. The members of the General Assembly shall severally 
receive from the public treasury a compensation for their services, 



CONSTITUTION OF KENTUCKY. 77 

which shall be three dollars a day during their attendance on, and 
twelve and a half cents per mile for the necessary travel in going 
to and returning from the sessions of their respective Houses: Pro- 
vided, That the same may be increased or diminished by law ; but 
no alteration shall take effect during the session at which such 
alteration shall be made ; nor shall a session of the General Assem- 
bly continue beyond sixty days, except by a vote of two thirds of 
all the members elected to each House ; but this shall not apply 
to the first session held under this Constitution. 

Sec. 25. The members of the General Assembly shall in all 
cases, except treason, felony, breach or surety of the peace, be priv- 
ileged from arrest during their attendance at the sessions of their 
respective Houses, and in going to and returning from the same ; 
and for any speech or debate in either House they shall not be 
questioned in any other place. 

Sec. 26. No Senator or Eepresentative shall, during the term 
for which he was elected, nor for one year thereafter, be appointed 
or elected to any civil office of profit under this Commonwealth 
which shall have been created, or the emoluments of which shall 
have been increased during the said term, except to such offices or 
appointments as may be filled by the election of the people. 

Sec. 27. No person, while he continues to exercise the functions 
of a clergyman, priest, or teacher of any religious persuasion, soci- 
ety, or sect, nor while he holds or exercises any office of profit under 
this Commonwealth or under the Government of the United States, 
shall be eligible to the General Assembly, except attorneys at law, 
justices of the peace, and militia officers: Provided, That attorneys 
for the Commonwealth who receive a fixed annual salary shall be 
ineligible. 

Sec. 28. No person who at any time may have been a collector 
of taxes or public moneys for the State, or the assistant or deputy 
of such collector, shall be eligible to the General Assembly unless 
he shall have obtained a quietus, six months before the election, for 
the amount of such collection and for all public moneys for which 
he may have been responsible. 

Sec. 29. No bill shall have the force of a law until on three 
several days it be read over in each House of the General Assem- 
bly, and free discussion allowed thereon, unless, in cases of urgency, 
four fifths of the House where the bill shall be depending may deem 
it expedient to dispense with this rule. 

Sec. 30. All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose amend- 
ments, as in other bills: Provided, That they shall not introduce 
any new matter, under color of amendment, which does not relate 
to raising revenue. 

Sec. 31. The General Assembly shall regulate, by law, by whom 
and in what manner writs of election shall be issued to fill the 
vacancies which may happen in either branch thereof. 

Sec. 32. The General Assembly shall have no power to grant 
divorces, to change the names of individuals, or direct the sales of 



78 moeton's manual. 

estates belonging to infants or other persons laboring under legal 
disabilities, by special legislation ; but by general laws shall confer 
such powers on the Courts of Justice. 

Sec. 33. The credit of this Commonwealth shall never be given 
or loaned in aid of any person, association, municipality, or corpo- 
ration. 

Sec. 34. The General Assembly shall have no power to pass 
laws to diminish the resources of the sinking fund, as now estab- 
lished by law, until the debt of the State be paid, but may pass 
laws to increase them, and the whole resources of said fund from 
year to year shall be sacredly set apart and applied to the payment 
of the interest and principal of the State debt, and to no other use 
or purpose, until the whole debt of the State is fully paid and 
satisfied. 

Sec. 35. The General Assembly may contract debts to meet 
casual deficits or failures in the revenue, but such debts, direct 
or contingent, singly or in the aggregate, shall not at any time 
exceed five hundred thousand dollars; and the moneys arising 
from loans creating such debts shall be applied to the purposes for 
which they were obtained, or to repay such debts : Provided, That 
the State may contract debts to repel invasion, suppress insurrec- 
tion, or, if hostilities are threatened, provide for the public defense. 

Sec. 36. No act of the General Assembly shall authorize any 
debt to be contracted on behalf of the Commonwealth, except for 
the purposes mentioned in the thirty-fifth section of this article, 
unless provision be made therein to lay and collect an annual tax 
sufficient to pay the interest stipulated, and to discharge the debt 
within thirty years; nor shall such act take effect until it shall 
have been submitted to the people at a general election, and shall 
have received a majority of all the votes cast for and. against it: 
Provided, That the General Assembly may contract debts by bor- 
rowing money to pay any part of the debt of the State without 
submission to the people, and without making provision in the act 
authorizing the same for a tax to discharge the debt so contracted 
or the interest thereon. 

Sec. 37. No law enacted by the General Assembly shall relate 
to more than one subject, and that shall be expressed in the title. 

Sec. 38. The General Assembly shall not change the venue in 
any criminal or penal prosecution, but shall provide for the same 
by general laws. 

Sec. 39. The General Assembly may pass laws authorizing 
writs of error in criminal or penal cases, and regulating the right 
of challenge of jurors therein. 

Sec. 40. The General Assembly shall have no power to pass any 
act or resolution for the appropriation of any money, or the crea- 
tion of any debt exceeding the sum of one hundred dollars at any 
one time, unless the same, on its final passage, shall be voted for 
by a majority of all the members then elected to each branch of 
the General Assembly, and the yeas and nays thereon entered on 
the journal. 



CONSTITUTION OF KENTUCKY. 79 

ARTICLE III. 

CONCERNING THE EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of the Common- 
wealth shall be vested in a chief magistrate, who shall be styled 
the Governor of the Commonwealth of Kentucky. 

Sec. 2. The Governor shall be elected for the term of four 
years, by the qualified voters of the State, at the time when and 
places where they shall respectively vote for Representatives. 
The person having the highest number of votes shall be Governor; 
but, if two or more shall be equal and highest in votes, the election 
shall be determined by lot in such manner as the General Assembly 
may direct. 

Sec. 3. The Governor shall be ineligible for the succeeding 
four years after the expiration of the term for which he shall have 
been elected. 

Sec. 4. He shall be at least thirty-five years of age and a citi- 
zen of the United States, and have been an inhabitant of this State 
at least six years next preceding his election. 

Sec. 5. He shall commence the execution of the duties of his 
office on the fifth Tuesday succeeding the day of the general elec- 
tion on which he shall have been chosen, and shall continue in the 
execution thereof until his successor shall have taken the oaths or 
affirmations prescribed by this Constitution. 

Sec. 6. No member of Congress, or person holding any office 
under the United States, or minister of any religious society, shall 
be eligible to the office of Governor. 

Sec. 7. The Governor shall, at stated times, receive for his 
services a compensation, which shall neither be increased nor 
diminished during the term for which he was elected. 

Sec. 8. He shall be commander-in-chief of the army and navy 
of this Commonwealth and of the militia thereof, except when 
they shall be called into the service of the United States ; but he 
shall not command personally in the field unless advised so to do 
by a resolution of the General Assembly. 

Sec. 9. He shall have power to fill vacancies that may occur 
by granting commissions, which shall expire when such vacancies 
shall have been filled according to the provisions of this Consti- 
tution. 

Sec. 10. He shall have power to remit fines and forfeitures, 
grant reprieves and pardons, except in cases of impeachment. In 
cases of treason he shall have power to grant reprieves until the 
end of the next session of the General Assembly, in which. the 
power of pardoning shall be vested ; but he shall have no power to 
remit the fees of the clerk, sheriff, or Commonwealth's attorney in 
penal or criminal cases. 

Sec. 11. He may require information in writing from the offi- 
cers in the executive department upon any subject relating to the 
duties of their respective offices. 



80 morton's manual. 

Sec. 12. He shall from time to time give to the General Assem- 
bly information of the state of the Commonwealth, and recom- 
mend to their consideration such measures as he may deem expe- 
dient. 

Sec. 13. He may, on extraordinary occasions, convene the Gen- 
eral Assembly at the Seat of Government, or at a different place if 
that should have become, since their last adjournment, dangerous, 
from an enemy or from contagious disorders ; and, in case of disa- 
greement between the two Houses with respect to the time of 
adjournment, he may adjourn them to such time as he shall think 
proper, not exceeding four months. 

Sec. 14. He shall take care that the laws be faithfully exe- 
cuted. 

Sec. 15. A Lieutenant-Governor shall be chosen at every reg- 
ular election for Governor, in the same manner, to continue in office 
for the same time and possess the same qualifications as the Gov- 
ernor. In voting fur Governor and Lieutenant-Governor, the 
electors shall state for whom they vote as Governor and for whom 
as Lieutenant-Governor. 

Sec. 16. He shall, by virtue of his office, be Speaker of the 
Senate; have a right, when in committee of the whole, to debate 
and vote on all subjects, and, when the Senate are equally divided, 
to give the casting vote. 

Sec. 17. Should the Governor be impeached, removed from 
office, die, refuse to qualify, resign, or be absent from the. State, 
the Lieutenant-Governor shall exercise all the power and authority 
appertaining to the office of Governor until another be duly elected 
and qualified, or the Governor absent or impeached shall return or 
be acquitted. 

Sec. 18. Whenever the Government shall be administered by 
the Lieutenant-Governor, or he shall fail to attend as Speaker of 
the Senate, the Senators shall elect one of their own members as 
Speaker for that occasion. And if, during the vacancy of the office 
of Governor, the Lieutenant-Governor shall be impeached, removed 
from office, refuse to qualify, resign, die, or be absent from the 
State, the Speaker of the Senate shall in like manner administer 
the Government : Provided, That, whenever a vacancy shall occur 
in the office of Governor before the first two years of the term shall 
have expired, a new election for Governor shall take place to fill 
such vacancy. 

Sec. 19. The Lieutenant-Governor, or Speaker pro tempore of 
the Senate, while he acts as Speaker of the Senate, shall receive for 
his services the same compensation which shall for the same period 
be allowed to the Speaker of the House of Eepresentatives, and no 
more; and, during the time he administers the Government as 
Governor, shall receive the same compensation which the Gov- 
ernor would have received had he been employed in the duties of 
his office. 

Sec. 20. If the Lieutenant-Governor shall be called upon to 
administer the Government, and shall, while in such administra- 



CONSTITUTION OF KENTUCKY. 81 

tion, resign, die, or be absent from the State during the recess of 
the General Assembly, it shall be the duty of the Secretary of 
State for the time being to convene the Senate for the purpose of 
choosing a Speaker. 

Sec. 21. The Governor shall nominate and, by and with the 
advice and consent of the Senate, appoint a Secretary of State, who 
shall be commissioned during the term for which the Governor was . 
elected, if he shall so long behave himself well. He shall keep a 
fair register and attest all the official acts of the Governor, and 
shall, when required, lay the same and all papers, minutes, and 
vouchers relative thereto before either House of the General As- 
sembly, and shall perform such other duties as may be required of 
him by law. 

Sec. 22. Every bill which shall have passed both Houses shall 
be presented to the Governor. If he approve, he shall sign it ; but 
if not, he shall return it with his objections to the House in which 
it originated, who shall enter the objections at large upon their 
journal and proceed to reconsider it. If, after such reconsidera- 
tion, a majority of all the members elected to that House shall 
agree to pass the bill, it shall be sent with the objections to the 
other House, by which it shall likewise be considered, and, if ap- 
proved by a majority of all the members elected to that House, it 
shall be a law ; but in such cases the votes of both Houses shall be 
determined by yeas and nays, and the names of the members vot- 
ing for and against the bill shall be entered upon the journals of 
each House respectively. If any bill shall not be returned by the 
Governor within ten days (Sundays excepted) after it shall have 
been presented to him, it shall be a law in like manner as if he 
had signed it, unless the General Assembly by their adjournment 
prevent its return; in which case it shall be a law unless sent back 
within three days after their next meeting. 

Sec. 23. Every order, resolution, or vote in which the concur- 
rence of both Houses may be necessary, except on a question of 
adjournment, shall be presented to the Governor, and before it 
shall take effect be approved by him ; or, being disapproved, shall 
be repassed by a majority of all the members elected to both 
Houses, according to the rules and limitations prescribed in case 
of a bill. 

Sec. 24. Contested elections for Governor and Lieutenant- 
Governor shall be determined by both Houses of the General 
Assembly, according to such regulations as may be established 
by law. 

Sec. 25. A Treasurer shall be elected by the qualified voters of 
the State for the term of two years, and an Auditor of Public 
Accounts, Register of the Land Office, and Attorney-General for 
the term of four years. The duties and responsibilities of these 
officers shall be prescribed by law: Provided, That inferior State 
officers, not especially provided for in this Constitution, may be 
appointed or elected, in such manner as shall be prescribed by law, 
for a term not exceeding four years. 



82 MORTONS MANUAL. 

* 

Sec. 26. The first election under this Constitution for Gov- 
ernor, Lieutenant-Governor, Treasurer, Auditor of Public Accounts, 
Eegister of the Land Office, and Attorney-General shall be held on 
the first Monday in August in the year 1851. 



ARTICLE IV. 
CONCERNING THE JUDICIAL DEPARTMENT. 

Section 1. The judicial power of this Commonwealth, both as 
to matters of law and equity, shall be vested in one Supreme 
Court (to be styled the Court of Appeals), the courts established 
by this Constitution, and such courts inferior to the Supreme Court 
as the General Assembly may from time to time erect and establish. 

CONCERNING THE COURT OF APPEALS. 

Sec. 2. The Court of Appeals shall have appellate jurisdiction 
only, which shall be co-extensive with the State, under such restric- 
tions and regulations not repugnant to this Constitution as may 
from time to time be prescribed by law. 

SeCc 3. The Judges of the Court of Appeals shall, after their 
first term, hold their offices for eight years from and after their 
election and until their successors shall be duly qualified, subject 
to the conditions hereinafter prescribed; but, for any reasonable 
cause, the Governor shall remove any of them on the address of 
two thirds of each House of the General Assembly: Provided, how- 
ever, That the cause or causes for which such removal may be 
required shall be stated at length in such address and on the jour- 
nal of each House. They shall, at stated times, receive for their 
services an adequate compensation, to be fixed by law, which shall 
not be diminished during the time for which they shall have been 
elected. 

Sec. 4. The Court of Appeals shall consist of four Judges, any 
three of whom may constitute a court for the transaction of busi- 
ness. The General Assembly, at its first session after the adoption 
of this Constitution, shall divide the State, by counties, in four dis- 
tricts, as nearly equal in voting population and with as convenient 
limits as may be, in each of which the qualified voters shall elect 
one Judge of the Court of Appeals: Provided, That, whenever a 
vacancy shall occur in said Court for any cause, the General As- 
sembly shall have the power to reduce the number of Judges and 
districts, but in no event shall there be less than three Judges and 
districts. Should a change in the number of the Judges of the 
Court of Appeals be made, the term of office and number of dis- 
tricts shall be so changed as to preserve the principle of electing 
one Judge every two years. 

Sec. 5. The Judges shall, by virtue of their offices, be conser- 
vators of the peace throughout the State. The style of all process 
shall be "The Commonwealth of Kentucky." All prosecutions 



CONSTITUTION OF KENTUCKY. 83 

shall be carried on in the name and by the authority of the Com- 
monwealth of Kentucky, and conclude "against the peace and 
dignity of the same." 

Sec. 6. The Judges first elected shall serve as follows, to wit: 
One shall serve until the first Monday in August, 1852; one until 
the first Monday in August, 1854; one until the first Monday in 
August, 1856, and one until the first Monday in August, 1858. 
The Judges, at the first term of the Court succeeding their elec- 
tion, shall determine, by lot, the length of time which each one 
shall serve, and at the expiration of the service of each an elec- 
tion in the proper district shall take place to fill the vacancy. The 
Judge having the shortest time to serve shall be styled the Chief- 
Justice of Kentucky. 

Sec. 7. If a vacancy shall occur in said Court from any cause, 
the Governor shall issue a writ of election to the proper district to 
fill such vacancy for the residue of the term : Provided, That, if 
the unexpired term be less than one year, the Governor shall 
appoint a Judge to fill such vacancy. 

Sec. 8. No person shall be eligible to the office of Judge of the 
Court of Appeals who is not a citizen of the United States, a resi- 
dent of the district for which he may be a candidate two years next 
preceding his election, at least thirty years of age, and who has not 
been a practicing lawyer eight years, or whose service upon the 
bench of any court of record, when added to the time he may have 
practiced law, shall not be equal to eight years. 

Sec. 9. The Court of Appeals shall hold its sessions at the Seat 
of Government, unless otherwise directed by law ; but the General 
Assembly may from time to time direct that said Court shall hold 
its sessions in any one or more of said districts. 

Sec. 10. The first election of the Judges and Clerk or Clerks of 
the Court of Appeals shall take place on the second Monday in 
May, 1851, and thereafter in each district as a vacancy may occur 
by the expiration of the term of office ; and the Judges of the said 
Court shall be commissioned by the Governor. 

Sec. 11. There shall be elected by the qualified voters of this 
State a Clerk of the Court of Appeals, who shall hold his office 
from the first election until the first Monday in August, 1858, and 
thereafter for the term of eight years from and after his election ; 
and, should the General Assembly provide for holding the Court of 
Appeals in any one or more of said districts, they shall also provide 
for the election of a Clerk by the qualified voters of such district, 
who shall hold his office for eight years, possess the same qualifica- 
tions, and be subject to removal in the same manner as the Clerk 
of the Court of Appeals ; but if the General Assembly shall, at its 
first or any other session, direct the Court of Appeals to hold its 
session in more than one district, a Clerk shall be elected by the 
qualified voters of such district. And the Clerk first provided for 
in this section shall be elected by the qualified voters of the other 
district or districts. The same principle shall be observed when- 
ever the Court shall be directed to hold its sessions in either of the 



84 Morton's manual. 

other districts. Should the number of Judges be reduced, the term 
of the office of Clerk shall be six years. 

Sec. 12. No person shall be eligible to the office of Clerk of the 
Court of Appeals unless he be a citizen of the United States, a res- 
ident of the State two years next preceding his election, of the age 
of twenty-one years, and have a certificate from the Judge of the 
Court of Appeals or a Judge of the Circuit Court that he has been 
examined by the Clerk of his Court, under his supervision, and that 
he is qualified for the office for which he is a candidate. 

Sec. 13. Should a vacancy occur in the office of Clerk of the 
Court of Appeals, the Governor shall issue a writ of election, and 
the qualified voters of the State or of the district in which the va- 
cancy may occur shall elect a Clerk of the Court of Appeals, to 
serve until the end of the term for which such Clerk was elected : 
Provided, That, when a vacancy shall occur from any cause, or the 
Clerk be under charges upon information, the Judges of the Court 
of Appeals shall have power to appoint a Clerk, pro tempore, to per- 
form the duties of Clerk until such vacancy shall be filled or the 
Clerk acquitted : And provided, further, That no writ of election 
shall issue to fill a vacancy unless the unexpired term exceed one 
year. 

Sec. 14. The General Assembly shall direct, by law, the mode 
and manner of conducting and making due returns to the Secre- 
tary of State of all elections of the Judges and Clerk or Clerks of 
the Court of Appeals, and of determining contested elections of 
any of these officers. 

Sec. 15. The General Assembly shall provide for an additional 
Judge or Judges, to constitute with the remaining Judge or Judges 
a special Court for the trial of such cause or causes as may at any 
time be pending in the Court of Appeals, on the trial of which a 
majority of the Judges can not sit, on account of interest in the 
event of the cause, or on account of their relationship to either 
party, or when a Judge may have been employed in or decided the 
cause in the inferior court. 

concerning the circuit courts. 

Sec. 16. A Circuit Court shall be established in each county now 
existing or which may hereafter be erected in this Commonwealth. 

Sec. 17. The jurisdiction of said Court shall be and remain as 
now established, hereby giving to the General Assembly the power 
to change or alter it. 

Sec. 18. The right to appeal or sue out a writ of error to the 
Court of Appeals shall remain as it now exists until altered by 
law, hereby giving to the General Assembly the power to change, 
alter, or modify said right. 

Sec. 19. At the first session after the adoption of this Constitu- 
tion the General Assembly shall divide the State into twelve judicial 
districts, having due regard to business, territory, and population: 
Provided, That no county shall be divided. 



CONSTITUTION OF KENTUCKY. 85 

Sec. 20. They shall, at the same time that the judicial districts 
are laid off, direct elections to be held in each district to elect a 
Judge for said district, and shall prescribe in what manner the 
election shall be conducted. The first election of Judges of the 
Circuit Court shall take place on the second Monday in May, 1851, 
and afterward on the first Monday in August, 1856, and on the first 
Monday in August in every sixth year thereafter. 

Sec. 21. All persons qualified to vote for members of the 
General Assembly in each district shall have the right to vote for 
Judges. 

Sec. 22. No person shall be eligible as Judge of the Circuit 
Court who is not a citizen of the United States, a resident of the 
district for which he may be a candidate two years next preceding 
his election, at least thirty years of age, and who has not been a 
practicing lawyer eight years, or whose service upon the bench of 
any court of record, when added to the time he may have prac- 
ticed law, shall not be equal to eight years. 

Sec. 23. The Judges of the Circuit Court shall, after their first 
term, hold their office for the term of six years from the day of 
their election. They shall be commissioned by the Governor and 
continue in office until their successors be qualified, but shall be 
removable from office in the same manner as the Judges of the 
Court of Appeals, and the removal of a Judge from his district 
shall vacate his office. 

Sec. 24. The General Assembly, if they deem it necessary, may 
establish one additional district every four years, but the judicial 
districts shall not exceed sixteen until the population of this State 
shall exceed one million five hundred thousand. 

Sec. 25. The Judges of the Circuit Courts shall, at stated times, 
receive for their services an adequate compensation, to be fixed by 
law, which shall be equal and uniform throughout' the State, and 
which shall not be diminished during the time for which they were 
elected. 

Sec. 26. If a vacancy shall occur in the office of Judge of the 
Circuit Court, the Governor shall issue a writ of election to fill 
such vacancy for the residue of the term : Provided, That, if the 
unexpired term be less than one year, the Governor shall appoint a 
Judge to fill such vacancy. 

Sec. 27. The judicial districts of this State shall not be changed, 
except at the first session after an enumeration, unless when a new 
district may be established. 

Sec. 28. The General Assembly shall provide, by law, for hold- 
ing Circuit Courts when, from any cause, the Judge shall fail to 
attend, or, if in attendance, can not properly preside. 

CONCERNING COUNTY COURTS. 

Sec. 29. A County Court shall be established in each county 
now existing or which may hereafter be erected within this Com- 
monwealth, to consist of a Presiding Judge and two Associate 



86 Morton's manual. 

Judges, any two of whom shall constitute a court for the trans- 
action of business: Provided, The General Assembly may at any 
time abolish the office of the Associate Judges whenever it shall be 
deemed expedient; in which event they may associate with said 
court any or all of the Justices of the Peace for the transaction of 
business. 

Sec. 30. The Judges of the County Courts shall be elected by 
the qualified voters in each county for the term of four years, and 
shall continue in office until their successors be duly qualified, and 
shall receive such compensation for their services as may be pro- 
vided by law. 

Sec. 31. The first election of County Court Judges shall take 
place at the same time of the election of Judges of the Circuit 
Court. The Presiding Judge first elected shall hold his office until 
the first Monday in August, 1854; the Associate Judges shall hold 
their offices until the first Monday in August, 1852, and until their 
successors be qualified ; and afterward elections shall be held on 
the first Mondays in August in the years in which vacancies regu- 
larly occur. 

Sec. 32. No person shall be eligible to the office of Presiding or 
Associate Judge of the County Court unless he be a citizen of the 
United States, over twenty-one years of age, and shall have been a 
resident of the county in which he shall be chosen one year next 
preceding the election. 

Sec. 33. The jurisdiction of the County Court shall be regu- 
lated by law, and, until changed, shall be the same now vested in 
the County Courts of this State. 

Sec. 34. Each county in this State shall be laid off into districts 
of convenient size, as the General Assembly may from time to time 
direct. Two Justices of the Peace shall be elected in each district 
by the qualified voters therein, at such time and place as may be 
prescribed bv law, for the term of four years, whose jurisdiction 
shall be co-extensive with the county. No person shaH be eligible 
as a Justice of the Peace unless he be a citizen of the United States, 
twenty-one years of age, and a resident of the district in which he 
may be a candidate. 

Sec. 35. Judges of the County Court and Justices of the Peace 
shall be conservators of the peace. They shall be commissioned by 
the Governor. County and district officers shall vacate their offices 
by removal -from the district or county in which they shall be ap- 
pointed. The General Assembly shall provide, by law, the manner 
of conducting and making due return of all elections of Judges of 
the County Court and Justices of the Peace, and for determining 
contested elections, and provide the mode of filling vacancies in 
these offices. 

Sec. 36. Judges of the County Court and Justices of the Peace, 
Sheriffs, Coroners, Surveyors, Jailers. County Assessor, Attorney for 
the county, and Constables shall be subject to indictment or pre- 
sentment for malfeasance or misfeasance in office, or willful neglect 
in the discharge of their official duties, in such mode as may be pre- 



CONSTITUTION OF KENTUCKY. 87 

scribed by law, subject to appeal to the Court of Appeals, and upon 
conviction their offices shall become vacant. 

Sec. 37. The General Assembly may provide, by law, that the 
Justices of the Peace in each county shall sit at the Court of 
Claims and assist in laying the county levy and making appropria- 
tions only. 

Sec. 38. When any city or town shall have a separate represen- 
tation, such city or town, and the county in which it is located, may 
have such separate municipal courts and executive and ministerial 
officers as the General Assembly may from time to time provide. 

Sec. 39. The Clerks of the Court of Appeals, Circuit and County 
Courts, shall be removable from office by the Court of Appeals, 
upon information and good cause shown. The Court shall be 
judges of the fact as well as the law. Two thirds of the members 
present must concur in the sentence. 

Sec. 40. The Louisville Chancery Court shall exist under this 
Constitution, subject to repeal, and its jurisdiction to enlargement 
and modification by the General Assembly. The Chancellor shall 
have the same qualifications as a Circuit Court Judge, and the 
Clerk of said Court as a Clerk of a Circuit Court, and the Marshal 
of said Court as a Sheriff; and the General Assembly shall provide 
for the election, by the qualified voters within its jurisdiction, of 
the Chancellor, Clerk, and Marshal of said Court, at the same time 
that the Judge and Clerk of the Circuit Court are elected for the 
county of Jefferson ; and they shall hold their offices for the same 
time, and shall be removable in the same manner : Provided, That 
the Marshal of said court shall be ineligible for the succeeding 
term. 

Sec. 41. The City Court of Louisville, the Lexington City 
Court, and all other Police Courts established in any city or town 
shall remain, until otherwise directed by law, with their present 
powers and jurisdictions; and the Judges, Clerks, and Marshals of 
such courts shall have the same qualifications, and shall be elected 
by the qualified voters of such cities or towns at the same time 
and in the same manner, and hold their offices for the same term as 
county Judges, Clerks, and Sheriffs, respectively, and shall be liable 
to removal in the same manner. The General Assembly may vest 
judicial powers, for police purposes, in Mayors of cities, Police 
Judges, and Trustees of towns. 



ARTICLE V. 

CONCERNING IMPEACHMENTS. 

Section 1. The House of Eepresentatives shall have the sole 
power of impeachment. 

Sec. 2. All impeachments shall be tried by the Senate. When 
sitting for that purpose, the Senators shall be upon oath or affirma- 
tion. No person shall be convicted without the concurrence of two 
thirds of the members present. 



88 morton's manual. 

Sec. 3. The Governor and all civil officers shall be liable to im- 
peachment for any misdemeanor in office, but judgment in such 
cases shall not extend further than to removal from office and dis- 
qualification to hold any office of honor, trust, or profit under this 
Commonwealth; but the party convicted shall nevertheless be sub- 
ject and liable to indictment, trial, and punishment by law. 

ARTICLE VI. 

CONCERNING EXECUTIVE AND MINISTERIAL OFFICERS FOR COUN- 
TIES AND DISTRICTS. 

Section 1. A Commonwealth's Attorney for each judicial dis- 
trict and a Circuit Court Clerk for each county shall be elected, 
whose term of office shall be the same as that of the Circuit Judges; 
also a County Court Clerk, an Attorney, Surveyor, Coroner, and 
Jailer for each county, whose term of office shall be the same as 
that of the Presiding Judge of the County Court. 

Sec. 2. No person shall be eligible to the offices mentioned in 
this article who is not' at the time twenty-four years old (except 
Clerks of County and Circuit Courts, Sheriffs, Constables, and 
County Attorneys, who shall be eligible at the age of twenty-one 
years), a citizen of the United States, and who has not resided two 
years next preceding the election in the State and one year in the 
county or district for which he is a candidate. No person shall 
be eligible to the office of Commonwealth's or County Attorney 
unless he shall have been a licensed practicing attorney for two 
years. No person shall be eligible to the office of Clerk unless he 
shall have procured from a Judge of the Court of Appeals or a 
Judge of the Circuit Court a certificate that he has been examined 
by the Clerk of his Court, under his supervision, and that he is 
qualified for the office for which he is a candidate. 

Sec. 3. The Commonwealth's Attorney and Circuit Court Clerks 
shall be elected at the same time as the Circuit Judge— -the Com- 
monwealth's Attorney by the qualified voters of the district, the 
Circuit Court Clerk 'by the qualified voters of the county. The 
County Attorney, Clerk, Surveyor, Coroner, and Jailer shall be 
elected at the same time and in'the same manner as the Presiding 
Judge of the County Court. 

Sec. 4. A Sheriff shall be elected in each county by the quali- 
fied voters thereof, whose term of office shall, after the first term, 
be two years, and until his successor be qualified, and he shall be 
re-eligible for a second term ; but no Sheriff shall, after the expira- 
tion of the second term, be re-eligible or act as deputy for the suc- 
ceeding term. The first election of Sheriffs shall be on the second 
Monday in May, 1851, and the Sheriffs then elected shall hold 
their offices until the first Monday in January, 1853, and until 
their successors be qualified; and on the first Monday in August, 
1852, and on the first Monday of August in every second year there- 
after elections for Sheriff shall be held : Provided, That the Sheriffs 



CONSTITUTION OF KENTUCKY. 89 

first elected shall enter upon the duties of their respective offices 
on the first Monday in June, 1851, and after the first election on the 
first Monday in January next succeeding their election. 

Sec. 5. A Constable shall be elected in every Justice's district, 
who shall be chosen for two years, at such time and place as may 
be provided by law, whose jurisdiction shall be co-extensive with 
the county in which he may reside. 

Sec. 6. Officers for towns and cities shall be elected for such 
terms and in such manner and with such qualifications as may be 
prescribed by law. 

Sec. 7. Vacancies in offices under this article shall be filled 
until the next regular election, in such manner as the General 
Assembly may provide. 

Sec. 8. When a new county shall be erected, officers for the 
same, to serve until the next stated election, shall be elected or 
appointed in such way and at such times as the General Assembly 
may prescribe. 

Sec. 9. Clerks, Sheriffs, Surveyors, Coroners, Constables, and 
Jailers, and such other officers as the General Assembly may from 
time to time require, shall, before they enter upon the duties of 
their respective offices, and as often thereafter as may be deemed 
proper, give such bond and security as shall be prescribed by law. 

Sec. 10. The General Assembly may provide for the election or 
appointment, for a term not exceeding four years, of such other 
county or district ministerial and executive officers as shall from 
time to time be necessary and proper. 

Sec 11. A County Assessor shall be elected in each county at 
the same time and for the same term that the Presiding Judge of 
the County Court is elected, until otherwise provided for by law. 
He shall have power to appoint such assistants as may be neces- 
sary and proper. 

ARTICLE VII. 

CONCERNING THE MILITIA. 

Section 1. The Militia of this Commonwealth shall consist of 
all free, able-bodied male persons (negroes, mulattoes, and Indians 
excepted) resident in the same, between the ages of eighteen and 
forty-five years, except such persons as now are or hereafter may 
be exempted by the laws of the United States or of this State ; but 
those who belong to religious societies whose tenets forbid them to 
carry arms shall not be compelled to do so, but shall pay an equiv- 
alent for personal services. 

Sec. 2. The Governor shall appoint the Adjutant-General and 
his other staff officers; the Major-Generals, Brigadier-Generals, and 
Commandants of regiments shall, respectively, appoint their staff 
officers ; and Commandants of companies shall appoint their non- 
commissioned officers. 

Sec. 3. All militia officers whose appointment is not herein 
otherwise provided for shall be elected by persons subject to mili- 



90 morton's manual. 

tary duty within their respective companies, battalions, regiments, 
brigades, and divisions, under such rules and regulations, and for 
such terms, not exceeding six years, as the General Assembly may 
from time to time direct and establish. 



ARTICLE VIII. 

GENERAL PROVISIONS. 

Section 1. Members of the General Assembly and all officers, 
before they enter upon the execution of the duties of their respect- 
ive offices, and all members of the bar, before they enter upon the 
practice of their profession, shall take the following oath or affirma- 
tion : I do solemnly swear (or affirm, as the case may be) that I 
will support the Constitution of the United States and the Consti- 
tution of this State, and be faithful and true to the Commonwealth 
of Kentucky so long as I continue a citizen thereof, and that I will 
faithfully execute to the best of my abilities the office of ac- 
cording to law ; and I do further solemnly swear (or affirm) that, 
since the adoption of the present Constitution, I, being a citizen of 
this State, have not fought a duel with deadly weapons within this 
State, nor out of it, with a citizen of this State ; nor have I sent or 
accepted a challenge to fight a duel with deadly weapons with a 
citizen of this State ; nor have I acted as second in carrying a chal- 
lenge or aided or assisted any person thus offending, so help me God. 

Sec. 2. Treason against the Commonwealth shall consist only 
in levying war against it, or in adhering to its enemies, giving them 
aid and comfort. JN'o person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or his own 
confession in open court. 

Sec. 3. Every person shall be disqualified from holding any 
office of trust or profit for the term for which he shall have been 
elected, who shall be convicted of having given or offered any bribe 
or treat to procure his election. 

Sec. 4. Laws shall be made to exclude from office and from 
suffrage those who shall thereafter be convicted of bribery, perjury, 
forgery, or other crimes or high misdemeanors. The privilege of 
free suffrage shall be supported by laws regulating elections and 
prohibiting, under adequate penalties, all undue influence thereon 
from power, bribery, tumult, or other improper practices. 

Sec. 5. No money shall be drawn from the treasury but in 
pursuance of appropriations made by law ; nor shall any appropri- 
ations of money for the support of an army be made for a longer 
time than two years ; and a regular statement and account of the 
receipts and expenditures of all public money shall be published 
annually. 

Sec. 6. The General Assembly may direct, by law, in such 
manner and in what courts suits may be brought against the Com- 
monwealth. 

Sec. 7. The manner of administering an oath or affirmation 



CONSTITUTION OF KENTUCKY. 91 

shall be such as is most consistent with the conscience of the depo- 
nent, and shall be esteemed by the General Assembly the most 
solemn appeal to God. 

Sec. 8. All laws which, on the first day of June, one thousand 
seven hundred and ninety-two, were in force in the State of Vir- 
ginia, and which are of a general nature and not local to that State, 
and not repugnant to this Constitution nor to the laws which have 
been enacted by the General Assembly of this Commonwealth, 
shall be in force within this State until they shall be altered or 
repealed by the General Assembly. 

Sec. 9. The compact with the State of Virginia, subject to 
such alterations as may be made therein agreeably to the mode 
prescribed by the said compact, shall be considered as part of this 
Constitution. 

Sec. 10. It shall be the duty of the General Assembly to pass 
such laws as shall be necessary and proper to decide differences by 
arbitrators, to be appointed by the parties who may choose that 
summary mode of adjustment. 

Sec. 11. All civil officers for the Commonwealth at large shall 
reside within the State, and all district, county, or town officers 
within their respective districts, counties, or towns (trustees of 
towns excepted), and shall keep their offices at such places therein 
as may be required by law; and all militia officers shall reside 
in the bounds of the division, brigade, regiment, battalion, or 
company to which they may severally belong. 

Sec. 12. Absence on the business of this State, or the United 
States, shall not forfeit a residence once obtained, so as to deprive 
any one of the right of suffrage, or of being elected or appointed 
to any office under this Commonwealth under the exceptions con- 
tained in this Constitution. 

Sec. 13. It shall be the duty of the General Assembly to regu- 
late, by law, in what cases, and what deductions from the salaries 
of public officers shall be made for neglect of duty in their official 
capacity. 

Sec. 14. Eeturns of all elections by the people shall be made 
to the Secretary of State for the time being, except in those cases 
otherwise provided for in this Constitution, or which shall be other- 
wise directed by law. 

Sec. 15. In all elections by the people, and also by the Senate 
and House of Eepresentatives, jointly or separately, the votes shall 
be personally and publicly given viva voce: Provided, That dumb 
persons entitled to suffrage may vote by ballot. 

Sec. 16. All elections by the people shall be held between the 
hours of six o'clock in the morning and seven o'clock in the even- 
ing. 

Sec. 17. The General Assembly shall, by law, prescribe the 
time when the several officers authorized or directed by this Con- 
stitution to be elected or appointed, shall enter upon the duties of 
their respective offices, except where the time is fixed by this Con- 
stitution. 

7 



92 moeton's manual. 

Sec. 18. No member of Congress, nor person holding or exer- 
cising any office of trust or profit under the United States, or either 
of them, or under any foreign power, shall be eligible as a member 
of the General Assembly of this Commonwealth, or hold or exer- 
cise any office of trust or profit under the same. 

Sec. 19. The General Assembly shall direct, by law, how per- 
sons, who now are or who may hereafter become securities for 
public officers, may be relieved or discharged on account of such 
securityship. 

Sec. 20. Any person who shall, after the adoption of this Con- 
stitution, either directly or indirectly give, accept, or knowingly 
carry a challenge to any person or persons to fight in single com- 
bat with a citizen of this State with any deadly weapon, either in 
or out of the State, shall be deprived of the right to hold any office 
of honor or profit in this Commonwealth, and shall be punished 
otherwise in such manner as the General Assembly may prescribe 
by law. 

Sec. 21. The Governor shall have power, after five years 
from the time of the offense, to pardon all persons who shall have 
in anywise participated in a duel, either as principals, seconds, or 
otherwise, and to restore him or them to all the rights, privileges, 
and immunities to which he or they were entitled before such par- 
ticipation. And upon the presentation of such pardon the oath 
prescribed in the first section of this article shall be varied to suit 
the case. 

Sec. 22. At its first session after the adoption of this Constitu- 
tion the General Assembly shall appoint not more than three per- 
sons, learned in the law, whose duty it shall be to revise and arrange 
the Statute Laws of this Commonwealth, both civil and criminal, 
so as to have but one law on any one subject ; and also three other 
persons, learned in the law, whose duty it shall be to prepare a 
Code of Practice for the Courts, both civil and criminal, in this 
Commonwealth, by abridging and simplifying the rules of practice 
and laws in relation thereto ; all of whom shall, at as early a day as 
practicable, report the result of their labors to the General Assem- 
bly for their adoption or modification. 

Sec. 23. So long as the Board of Internal Improvement shall 
be continued, the President thereof shall be elected by the quali- 
fied voters of this Commonwealth, and hold the office for the term 
of four years, and until another be duly elected and qualified. The 
election shall be held at the same time and be conducted in the same 
manner as the election of Governor of this Commonwealth under 
this Constitution ; but nothing herein contained shall prevent the 
General Assembly from abolishing said Board of Internal Improve- 
ment or the office of President thereof. 

Sec. 24. The General Assembly shall provide, by law, for the 
trial of any contested election of Auditor, Register, Treasurer, At- 
torney-General, Judges of Circuit Courts, and all other officers not 
otherwise herein specified. 

Sec. 25. The General Assembly shall provide, by law, for the 



CONSTITUTION OF KENTUCKY. 93 

making of the returns, by the proper officers, of the election of all 
officers to be elected under this Constitution ; and the Governor 
shall issue commissions to the Auditor, Eegister, Treasurer, Presi- 
dent of the Board of Internal Improvement, Superintendent of 
Public Instruction, and such other officers as he may be directed by 
law to commission, as soon as he has ascertained the result of the 
election of those officers respectively. 

Sec. 26. When a vacancy shall happen in the office of Attorney- 
General, Auditor of Public Accounts, Treasurer, Register of the 
Land Office, President of the Board of Internal Improvement, or 
Superintendent of Public Instruction, the Governor, in the recess 
of the Senate, shall have power to fill the vacancy by granting 
commissions, which shall expire at the end of the next session, and 
shall fill the vacancy for the balance of the time by and with the 
advice and consent of the Senate. 



ARTICLE IX. 

CONCERNING THE SEAT OF GOVERNMENT. 

Section 1. The Seat of Government shall continue in the city 
of Frankfort until it shall be removed by law : Provided, hoivever, 
That two thirds of all the members elected to each House of the 
General Assembly shall concur in the passage of such law. 

ARTICLE X. 
CONCERNING SLAVES. 

Section 1. The General Assembly shall have no power to pass 
laws for the emancipation of slaves without the consent of their 
owners, or without paying their owners previous to such emancipa- 
tion a full equivalent in money for the slaves so emancipated, and 
providing for their removal from the State. They shall have no 
power to prevent immigrants to this State from bringing with them 
such persons as are deemed slaves by the laws of any of the United 
States, so long as any person of the same age or description shall 
be continued in slavery by the laws of this State. They shall pass 
laws to permit owners of slaves to emancipate them, saving the 
rights of creditors, and to prevent them from remaining in this State 
after they are emancipated. They shall have full power to pre- 
vent slaves being brought into this State as merchandise. They 
shall have full power to prevent slaves being brought into this State 
who have been, since the first day of January, one thousand seven 
hundred and eighty-nine, or may hereafter be imported into any of 
the United States from a foreign country. And they shall have full 
power to pass such laws as may be necessary to oblige the owners of 
slaves to treat them with humanity, to provide for them necessary 
clothing and provision, to abstain from all injuries to them extend- 
ing to life or limb ; and, in case of their neglect or refusal to comply 



94 morton's manual. 

with the directions of such laws, to have such slave or slaves sold 
for the benefit of their owner or owners. 

Sec. 2. The General Assembly shall pass laws providing that 
any free negro or mulatto hereafter immigrating to, and any slave 
hereafter emancipated in and refusing to leave this State, or, having 
left, shall return and settle within this State, shall be deemed guilty 
of felony, and punished by confinement in the penitentiary thereof. 

Sec. 3. In the prosecution of slaves for felony, no inquest by a 
grand jury shall be necessary, but the proceedings in such prosecu- 
tions shall be regulated by law, except that the General Assembly 
shall have no power to deprive them of the privilege of an impartial 
trial by a petit jury. 

ARTICLE XI. 

CONCERNING EDUCATION. 

Section 1. The capital of the fund called and known as the 
" Common School Fund," consisting of one million two hundred 
and twenty-five thousand seven hundred and sixty-eight dollars 
and forty-two cents, for which bonds have been executed by the 
State to the Board of Education, and seventy-three thousand five 
hundred dollars of stock in the Bank of Kentucky ; also, the sum 
of fifty-one thousand two hundred and twenty-three dollars and 
twenty-nine cents, balance of interest on the school fund for the 
year 1848, unexpended, together with any sum which may be here- 
after raised in the State by taxation or otherwise for purposes 
of education, shall be held inviolate for the purpose of sustain- 
ing a system of common schools. The interest and dividends of 
said funds, together with any sum which may be produced for that 
purpose by taxation or otherwise, may be appropriated in aid of 
common schools, but for no other purpose. The General Assembly 
shall invest said fifty-one thousand two hundred and twenty three 
dollars and twenty-nine cents in some safe and profitable manner; 
and any portion of the interest and dividends of said school fund, 
or other money or property raised for school purposes, which may 
not be needed in sustaining common schools, shall be invested in 
like manner. The General Assembly shall make provision, by law, 
for the payment of the interest of said school fund: Provided, 
That each county shall be entitled to its proportion of the income 
of said fund, and, if not called for for common school purposes, it 
shall be re-invested from time to time for the benefit of such county. 

Sec. 2. A Superintendent of Public Instruction shall be elected 
by the qualified voters of this Commonwealth at the same time the 
Governor is elected, who shall hold his office for four years; and 
his duties and salary shall be prescribed and fixed by law. 

ARTICLE XII. 

MODE OF REVISING THE CONSTITUTION. 

Section 1. When experience shall point out the necessity of 
amending this Constitution, and when a majority of all the mem- 
bers elected to each House of the General Assembly shall, within 



CONSTITUTION OF KENTUCKY. 95 

the first twenty days of any regular session, concur in passing a 
law for taking the sense of the good people of this Commonwealth 
as to the necessity and expediency of calling a convention, it shall 
be the duty of the several Sheriffs and other officers of elections, at 
the next general election which shall be held for Eepresentatives to 
the General Assembly after the passage of such law, to open a poll 
for and make return to the Secretary of State for the time being of 
the names of all those entitled to vote for Representatives who 
have voted for calling a convention ; and if, thereupon, it shall 
appear that a majority of all the citizens of this State entitled to 
vote for Representatives have voted for calling a convention, the 
General Assembly shall, at their next regular session, direct that a 
similar poll shall be opened and return made for the next electio# 
for Representatives; and if, thereupon, it shall appear that a ma- 
jority of all the citizens of this State entitled to vote for Repre- 
sentatives have voted for calling a convention, the General As- 
sembly shall, at their next session, pass a law calling a convention, 
to consist of as many members as there shall be in the House of 
Representatives and no more, to be chosen on the first Monday in 
August thereafter, in the same manner and proportion, and at the 
same places, and possessed of the same qualifications of a qualified 
elector, by citizens entitled to vote for Representatives, and to meet 
within three months after their election for the purpose of re-adopt- 
ing, amending, or changing .this Constitution ; but if it shall appear, 
by the vote of either year as aforesaid, that a majority of all the 
citizens entitled to vote for Representatives did not vote for calling 
a convention, a convention shall not then be called. And, for the 
purpose of ascertaining whether a majority of the citizens entitled 
to vote for Representatives did or did not vote for calling a con- 
vention as above, the General Assembly passing the law authoriz- 
ing such vote shall provide for ascertaining the number of citizens 
entitled to vote for Representatives within the State. 

Sec. 2. The Convention, when assembled, shall judge of the 
election of its members and decide contested elections ; but the 
General Assembly shall, in calling a convention, provide for tak- 
ing testimony in such cases and for issuing the writ of election in 
case of a tie. 

ARTICLE XIII. 

BILL OF RIGHTS. 

That the general, great, and essential principles of liberty and 
free government may be recognized and established, we declare : 

Section 1. That all freemen, when they form a social compact, 
are equal, and that no man or set of men are entitled to exclusive 
separate public emoluments or privileges from the community but 
in consideration of public services. 

Sec. 2. That absolute arbitrary power over the lives, liberty, 
and property of freemen exists nowhere in a Republic, not even in 
the largest majority. 



96 moeton's manual. 

Sec. 3. The right of property is before and higher than any- 
constitutional sanction ; and the right of the owner of a slave to 
such slave and its increase is the same and as inviolable as the 
right of the owner of any property whatever. 

Sec. 4. That all power is inherent in the people, and all free 
governments are founded on their authority and instituted for 
their peace, safety, happiness, security, and the protection of prop- 
erty. For the advancement of these ends they have at all times 
an inalienable and indefeasible right to alter, reform, or abolish 
their government in such manner as they may think proper. 

Sec. 5. That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own con- 
Sciences; that no man shall be compelled to attend, erect, or sup- 
port any place of worship or to maintain any ministry against his 
consent ; that no human authority ought, in any case whatever, to 
control or interfere with the rights of conscience, and that no pref- 
erence shall ever be given by law to any- religious societies or modes 
of worship. 

Sec. 6. That the civil rights, privileges, or capacities of any 
citizen shall in nowise be diminished or enlarged on account of his 
religion. 

Sec. 7. That all elections shall be free and equal. 

Sec. 8. That the ancient mode of trial by jury shall be held 
sacred and the right thereof remain inviolate, subject to such mod- 
ifications as may be authorized by this Constitution. 

Sec. 9. That printing presses shall be free to every person who 
undertakes to examine the proceedings of the General Assembly 
or any branch of Government ; and no law shall ever be made to 
restrain the right thereof. The free communication of thoughts 
and opinions is one of the invaluable rights of man, and every citi- 
zen may freely speak, write, and print on any subject — being re- 
sponsible for the abuse of that liberty. 

Sec. 10. In prosecutions for the publication of papers investi- 
gating the official conduct of officers, or men in a public capacity, 
or where the matter published is proper for public information, the 
truth thereof may be given in evidence; and in all indictments for 
libels the jury shall have a right to determine the law and the facts 
under the direction of the Court as in other cases. 

Sec. 11. That the people shall be secure in their persons, houses, 
papers, and possessions from unreasonable seizures and searches, 
and that no warrant to search any place or to seize any person or 
thing shall issue without describing them as nearly as may be, nor 
without probable cause, supported by oath or affirmation. 

Sec. 12. That in all criminal prosecutions the accused hath a 
right to be heard by himself and counsel ; to demand the nature 
and cause of the accusation against him; to meet the witnesses 
face to face ; to have compulsory process for obtaining witnesses in 
his favor; and, in prosecutions by indictment or information, a 
speedy public trial by an impartial jury of the vicinage; that he 
can not be compelled to give evidence against himself ; nor can he 



CONSTITUTION OF KENTUCKY. 97 

be deprived of his life, liberty, or property unless by the judgment 
of his peers or the law of the land. 

Sec. 13. That no person shall, for any indictable offense, be 
proceeded against criminally by information, except in cases arising 
in the land or naval forces, or in the militia when in actual serv- 
ice, in time of war or of public danger, or by leave of the Court 
for oppression or misdemeanor in office. 

Sec. 14. No person shall, for the same offense, be twice put in 
jeopardy of his life or limb ; nor shall any man's property be taken 
or applied to public use without the consent of his representatives 
and without just compensation being previously made to him. 

Sec. 15. That all Courts shall be open : and every person, for 
an injury done him in his lands, goods, person, or reputation, shall 
have remedy by the due course of law, and right and justice ad- 
ministered without sale, denial, or delay. 

Sec. 16. That no power of suspending laws shall be exercised, 
unless by the General Assembly or its authority. 

Sec. 17. That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel punishments inflicted. 

Sec. 18. That all prisoners shall be bailable by sufficient secu- 
rities, unless for capital offenses, when the proof is evident or 
presumption great ; and the privilege of the writ of habeas corpus 
shall not be suspended unless when, in cases of rebellion or invasion, 
the public safety may require it. 

Sec. 19. That the person of a debtor, where there is not strong 
presumption of fraud, shall not be continued in prison after deliv- 
ering up his estate for the benefit of his creditors in such manner 
as shall be prescribed by law. 

Sec. 20. That no ex post facto law, nor any law impairing con- 
tracts, shall be made. 

Sec. 21. That no person shall be attainted of treason or felony 
by the General Assembly. 

Sec. 22. That no attainder shall work corruption of blood, nor, 
except during the life of the offender, forfeiture of estate to the 
Commonwealth. 

Sec. 23. That the estates of such persons as shall destroy their 
own lives shall descend or vest as in case of natural death ; and if 
any person shall be killed by casualty, there shall be no forfeiture 
by reason thereof. 

Sec. 24. That the citizens have a right, in a peaceable manner, 
to assemble together for their common good, and to apply to those 
invested with the powers of government for redress of grievances 
or other proper purposes by petition, address, or remonstrance. 

Sec. 25. That the rights of the citizens to bear arms in defense 
of themselves and the State shall not be questioned; but the Gen- 
eral Assembly may pass laws to prevent persons from carrying 
concealed arms. 

Sec. 26. That no standing army shall, in time of peace, be kept 
up without the consent of the General Assembly ; and the military 
shall, in all cases and at all times, be in strict subordination to the 
civil power. 



98 MORTON S MANUAL. 

Sec. 27. That no soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor, in time of war, but 
in a manner to be prescribed by law. 

Sec. 28. That the General Assembly shall not grant any title 
of nobility or hereditary distinction, nor create any office, the ap- 
pointment to which shall be for a longer time than for a term of 
years. 

Sec. 29. That emigration from the State shall not be prohibited. 

Sec. 30. To guard against transgressions of the high powers 
which we have delegated, we declare, that every thing in this 
article is excepted out of the general powers of government, and 
shall forever remain inviolate; and that all laws contrary thereto, 
or contrary to this Constitution, shall be void. 



schedule. 

That no inconvenience may arise from the alterations and 
amendments made in the Constitution of this Commonwealth, and 
in order to carry the same into complete operation, it is hereby 
declared and ordained : 

Section 1. That all the laws of this Commonwealth in force at 
the time of the adoption of this Constitution, and not inconsistent 
therewith, and all rights, actions, prosecutions, claims, and con- 
tracts, as well of individuals as of bodies corporate, shall continue 
as if this Constitution had not been adopted. 

Sec. 2. The oaths of office herein directed to be taken may be 
administered by any Judge or Justice of the Peace, until the Gen- 
eral Assembly shall otherwise direct. 

Sec. 3. No office shall be superseded by the adoption of this 
Constitution, but the laws of the State relative to the duties of the 
several officers, legislative, executive, judicial, and military, shall 
remain in full force, though the same be contrary to this Constitu- 
tion, and the several duties shall be performed by the respective 
officers of the State according to the existing laws, until the organ- 
ization of the Government, as provided for under this Constitution, 
and the entering into office of the officers to be elected or appointed 
under said Government, and no longer. 

Sec. 4. It shall be the duty of the General Assembly which 
shall convene in the year 1850 to make an apportionment of the 
representation of this State upon the principle set forth in this 
Constitution; and until the first apportionment shall be made as 
herein directed, the apportionment of Senators and Representatives 
among the several districts and counties in this State shall remain 
as at present fixed by law: Provided, That on the first Monday in 
August, 1850, all Senators shall go out of office, and on that day 
an election for Senators and Representatives shall be held through- 
out the State, and those then elected shall hold their offices for one 
year, and no longer: Provided further, That, at the elections to be 
held in the year 1850, that provision in this Constitution which 



CONSTITUTION OF KENTUCKY. 99 

requires voters to vote in the precinct within which they reside 
shall not apply. 

Sec. 5. All recognizances heretofore taken, or which may be 
taken before the organization of the judicial department under this 
Constitution, shall remain as valid as though this Constitution had 
not been adopted, and may be prosecuted in the name of the Com- 
monwealth. All criminal prosecutions and penal actions which 
have arisen or may arise before the reorganization of the judicial 
department under this Constitution may be prosecuted to judgment 
and execution in the name of the Commonwealth. 



QUESTIONS ON THE CONSTITUTION OF KENTUCKY. 

How are the powers of the State Government divided? How shall 
these powers be exercised? In what is the legislative power vested? 
For how long and when shall representatives be chosen? What are 
the qualifications of a Representative? How is representation regu- 
lated? "Who are voters? What are the number of Representatives; 
of Senators? What are the qualifications of a State Senator? What 
compensation do they receive? What of bills for raising revenue; of 
the credit of the Commonwealth? When shall a bill become a law? 
What debts may be contracted ? 



CONSTITUTION OF THE UNITED 
STATES. 



We, the people of the United States, in order to form a more 
perfect Union, establish justice, insure domestic tranquility, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

ARTICLE I. 

Section 1. 

1. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and 
House of Eepresentatives. 

Section 2. 

1. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States ; and 
the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. \ 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, accord- 
ing to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, 
three fifths of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the Congress of 
the United States, and within every subsequent term of ten years, 
in such manner as they shall by law direct. The number of Rep- 
resentatives shall not exceed one for every thirty thousand ; but 
each State shall have at least one Representative ; and, until such 
enumeration shall be made, the State of New Hampshire shall be 
entitled to choose three; Massachusetts, eight ; Rhode Island and 
Providence Plantations, one ; Connecticut, five ; New York, six ; 
New Jersey, four; Pennsylvania, eight; Delaware, one ; Maryland, 

(100) 



CONSTITUTION OF THE UNITED STATES. 101 

six ; Virginia, ten ; North Carolina, five ; South Carolina, five ; 
and Georgia, three. 

4. When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Eepresentatives shall choose their speaker and 
other officers, and shall have the sole power of impeachment. 

Section 3. 

1. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof, for 
six years, and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second 
class at the expiration of the fourth year, and of the third class at 
the expiration of the sixth year, so that one third may be chosen 
every second year; and if vacancies happen, by resignation or 
otherwise, during the recess of the Legislature of any State, the 
Executive thereof may make temporary appointments until the 
next meeting of the Legislature, which shall then fill such va- 
cancies. 

3. No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally di- 
vided. 

5. The Senate shall choose their other officers, and also a Presi- 
dent pro tempore, in the absence of the Vice-President, or when he 
shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, the 
Chief -Justice shall preside ; and no person shall be convicted with- 
out the concurrence of two thirds of the members present. 

7. Judgment in case of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit, under the United States ; but 
the party convicted shall nevertheless be liable and subject to in- 
dictment, trial, judgment, and punishment according to law. 

Section 4. 

1. The times, places, and manner of holding elections for Senators 
and Eepresentatives shall be prescribed in each State by the Leg- 
islature thereof; but the Congress may at any time, by law, make 



102 morton's manual. 

or alter such regulations, except as to the places of choosing Sen- 
ators. 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Section 5. 

1. Each House shall be the judge of the elections, returns, and 
qualifications of its own members ; and a majority of each shall 
constitute a quorum to do business ; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner and under such 
penalties as each House may provide. 

2. Each House may determine the rules of its proceedings, pun- 
ish its members for disorderly behavior, and, with the concurrence 
of two thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in 
their judgment, require secresy; and the yeas and nays of the 
members of either House on any question shall, at the desire of 
one fifth of those present, be entered on the journal. 

4. Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two Houses shall be sitting. 

Section 6. 

1. The Senators and Eepresentatives shall receive a compensa- 
tion for their services, to be ascertained by law, and paid out of 
the Treasury of the United States. They shall in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective Houses, 
and in going to or returning from the same ; and for any speech or 
debate in either House they shall not be questioned in any other 
place. 

2. No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States which shall have been created, or 
the emoluments whereof shall have been increased, during such 
time; and no person holding any office under the United States 
shall be a member of either House during his continuance in office. 

Section 7. 

1. All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with 
amendments, as on other bills. 

2. Every bill which shall have passed the House of Representa- 



CONSTITUTION OF THE UNITED STATES. 103 

tives and the Senate shall, before it become a law, be presented to 
the President of the United States. If he approve, he shall sign 
it; but if not, he shall return it, with his objections, to that House 
in which it shall have originated, who shall enter the objection at 
large on their journal, and proceed to reconsider it. If, after such 
reconsideration, two thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
House, by which it shall likewise be reconsidered, and if approved 
by two thirds of that House it shall become a law. But in all such 
cases the votes of both Houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each House respectively. If any 
bill shall not be returned by the President within ten days (Sun- 
days excepted) after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless the Con- 
gress by their adjournment prevent its return, in which case it shall 
not be a law. 

3. Every order, resolution, or vote, to which the concurrence of 
the Senate and House of Eepresentatives may be necessary, except 
on a question of adjournment, shall be presented to the President 
of the United States, and before the same shall take effect shall be 
approved by him, or, being disapproved by him, shall be re-passed 
by two thirds of the Senate and House of Eepresentatives, accord- 
ing to the rules and limitations prescribed in the case of a bill. 

Section 8. 

The Congress shall have power : 

1. To lay and collect taxes, duties, imposts, and excises; to pay 
the debts and provide for the common defense and general welfare 
of the United States ; but all duties, imposts, and excises shall be 
uniform throughout the United States. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes. 

4. To establish an uniform rule of naturalization and uniform 
laws on the subject of bankruptcies throughout the United States. 

5. To coin money, regulate the value thereof and of foreign 
coin, and fix the standard of weights and measures. 

6. To provide for the punishment of counterfeiting the securi- 
ties and current coin of the United States. 

7. To establish post-offices and post-roads. 

8. To promote the progress of science and useful arts, by secur- 
ing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries. 

9. To constitute tribunals inferior to the Supreme Court. 

10. To define and punish piracies and felonies committed on the 
high seas, and offenses against the laws of nations. 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 



104 morton's manual. 

12. To raise and support armies; but no appropriation of money 
to that use shall be for a longer term than two years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation of the 
land and naval forces. 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions. 

16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed 
in the service of the United States, reserving to the States respect- 
ively the appointment of the officers and the authority of training 
the militia according to the discipline prescribed by Congress. 

17. To exercise exclusive legislation in all cases whatsoever over 
such district, not exceeding ten miles square, as may, by cession of 
particular States and the acceptance of Congress, become the Seat 
of the Government of the United States, and to exercise like au- 
thority over all places purchased, by the consent of the Legislature 
of the State in which the same shall be, for the erection of forts, 
magazines, arsenals, dock-yards, and other needful buildings ; and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers and all other powers 
vested by this Constitution in the Government of the United 
States, or in any department or officer thereof. 

Section 9. 

1. The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be pro- 
hibited by the Congress prior to the year one thousand eight hun- 
dred and eight, but a tax or duty may be imposed on such importa- 
tion, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid unless in pro- 
proportion to the census or enumeration hereinbefore directed to 
be taken. 

5. No tax or duty shall be laid on articles exported from any 
State. No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of another, 
nor shall vessels bound to or from one State be obliged to enter, 
clear, or pay duties in another. 

6. No money shall be drawn from the Treasury but in conse- 
quence of appropriations made by law, and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

7. No title of nobility shall be granted by the United States, 
and no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, office, or title of any kind whatever from any king, prince, 
or foreign State. 



CONSTITUTION OF THE UNITED STATES. 105 

Section 10. 

1. No State shall enter into any treaty, alliance, or confedera- 
tion, grant letters of marque and reprisal, coin money, emit bills of 
credit, make any thing but gold and silver coin a tender in payment 
of debts, pass any bill of attainder, ex post facto law, or law impair- 
ing the obligation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the Treasury of the United States, 
and all such laws shall be subject to the revision and control of the 
Congress. 

3. No State shall, without the consent of the Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State or with a foreign 
power, or engage in war, unless actually invaded or in such immi- 
nent danger as will not admit of delay. 

ARTICLE II. 

Section 1. 

1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term 
of four years, and, together with the Vice-President, chosen for the 
same term, be elected as follows : 

2. Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors equal to the whole num- 
ber of Senators and Eepresentatives to which the State may be 
entitled in the Congress; but no Senator or Kepresentative, or per- 
son holding an office of trust or profit under the United States, 
shall be appointed an elector. 

[3. The electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one at least shall not be an in- 
habitant of the same State with themselves; and they shall make 
a list of all the persons voted for, and of the number of votes for 
each ; which list they shall sign and certify, and transmit, sealed, 
to the Seat of the Government of the United States, directed to 
the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Eepresentatives, open 
all the certificates, and the votes shall then be counted. The per- 
son having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors 
appointed ; and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Eepresent- 
atives shall immediately choose, by ballot, one of them for Presi- 
dent ; and if no person have a majority, then from the five highest 
on the list the said House shall, in like manner, choose the Presi- 
dent. But, in choosing the President, the vote shall be taken by 



106 morton's manual. 

States, the representation from each State having one vote ; a quo- 
rum for this purpose shall consist of a member or members from 
two thirds of the States, and a majority of all the States shall be 
necessary to a choice. In every case, after the choice of the Presi- 
dent, the person having the greatest number of votes of the electors 
shall be the Vice-President. But, if there should remain two or 
more who have equal votes, the Senate shall choose from them, by 
ballot, the Vice-President.*] 

4. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes, which day shall 
be the same throughout the United States. 

5. No person, except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any per- 
son be eligible to that office who shall not have attained to the age 
of thirty-five years, and been fourteen years a resident within the 
United States. 

6. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, 
and the Congress may, by law, provide for the case of removal, 
death, resignation, or inability, both of the President and Vice- 
President, declaring what officer shall then act as President, and 
such officer shall act accordingly until the disability be removed 
or a President shall be elected. 

7. The President shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the 
United States, or any of them. 

8. Before he enter on the execution of his office he shall take 
the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully exe- 
cute the office of President of the United States, and will, to the 
best of my ability, preserve, protect, and defend the Constitution 
of the United States." 

Section 2. 

1. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States 
when called into the actual service of the United States; he may 
require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties 
of their respective offices; and he shall have power to grant re- 
prieves and pardons for offenses against the United States, except 
in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 

* Altered— see amendment, Article XII. 



CONSTITUTION OF THE UNITED STATES. 107 

present concur ; and he shall nominate and, by and with the advice 
and consent of the Senate, shall appoint ambassadors, other public 
ministers, and consuls, Judges of the Supreme Court, and all other 
officers of the United States whose appointments are not herein 
otherwise provided for, and which shall be established by law. But 
the Congress may, by law, vest the appointment of such inferior 
officers as they think proper in the President alone, in the courts 
of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting commis- 
sions which shall expire at the end of their next session. 



Section 3. 

1. He shall, from time to time, give to the Congress information 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient ; he may, 
on extraordinary occasions, convene both Houses, or either of 
them ; and, in case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such time as he 
shall think proper ; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faithfully executed; 
and shall commission all the officers of the United States. 



Section 4. 

1. The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and mis- 
demeanors. 

ARTICLE III. 

Section 1. 

1. The judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior courts as the Congress 
may from time to time ordain and establish. The judges, both of 
the Supreme and Inferior Courts, shall hold their offices during 
good behavior ; and shall, at stated times, receive for their services 
a compensation which shall not be diminished during their contin- 
uance in office. 

Section 2. 

1. The judicial power shall extend to all cases in law and equity 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority ; to 
all cases affecting ambassadors, other public ministers, and consuls; 
to all cases of admiralty and maritime jurisdiction ; to controver- 
sies to which the United States shall be a party; to controver- 

8 



108 morton's manual. 

sies between two or more States ; between a State and citizens of 
another State ; between citizens of different States ; between citi- 
zens of the same State claiming lands under graDts of different 
States; and between a State, or the citizens thereof, and foreign 
States, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such regu- 
tions as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury ; and such trial shall be held in the State where the said 
crimes shall have been committed ; but when not committed within 
any State, the trial shall be at such place or places as the Congress 
may, by law, have directed. 

Section 3. 

1. Treason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on con- 
fession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture, except during the life of the person attainted. 

ARTICLE IV. 

Section 1. 

1. Full faith and credit shall be given in each State to the pub- 
lic acts, records, and judicial proceedings of every other State. 
And the Congress may, by general laws, prescribe the manner in 
which such acts, records, and proceedings shall be proved, and the 
effect thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice and be found in another State, 
shall, on demand of the Executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. No person held to service or labor in one State under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service 
or labor may be due. 



CONSTITUTION OF THE UNITED STATES. 109 



Section 3. 

1. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 
junction of two or more States, or parts of States, without the con- 
sent of the Legislatures of the States concerned as well of the Con- 
gress. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this Con- 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular State. 

Section 4. 

1. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each of 
them against invasion, and on application of the Legislature, or of 
the Executive, when the Legislature can not be convened, against 
domestic violence. 

ARTICLE V. 

1. The Congress, whenever two thirds of both Houses shall deem 
it necessary, shall propose amendments to this Constitution, or, on 
the application of the Legislatures of two thirds of the several 
States, shall call a convention for proposing amendments, which in 
either case shall be valid, to all intents and purposes, as part of 
this Constitution, when ratified by the Legislatures of three fourths 
of the several States, or by conventions in three fourths thereof, as 
the one or the other mode of ratification may be proposed by the 
Congress : Provided, That no amendment which may be made prior 
to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into before 
the adoption this Constitution shall be as valid against the United 
States under this Constitution as under the Confederation. 

2. This Constitution and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made or which 
shall be made under the authority of the United States, shall be 
the supreme law of the land ; and the judges in every State shall be 
bound thereby, any thing in the Constitution or laws of any State 
to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the 



110 Morton's manual. 

members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several States, 
shall be bound by oath or affirmation to support this Constitution ; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. 

1. The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 



AMENDMENTS TO THE CONSTITUTION. 



Note. — The following Amendments were proposed at the first session of the 
First Congress of the United States, which was begun and held at the City of 
New York on the 4th of March, 1789, and were adopted by the requisite number 
of States. — First volume of the Laivs of the United States, page 72. 



ARTICLE I. 



1. Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof, or abridging the 
freedom of speech or of the press, or the right of the people peace- 
ably to assemble and to petition the Government for a redress of 
grievances. 

ARTICLE II. 

1. A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III. 

1. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor, in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

1. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall 
not be violated, and no warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing the 
place to be searched and the persons or things to be seized. 

ARTICLE V. 

1. No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia when in actual service, in time of war or public danger; nor 
shall any person be subject, for the same offense, to be twice put in 
jeopardy of life or limb, nor shall be compelled in any criminal case 

(in) 



112 morton's manual. 

to be a witness against himself, nor be deprived of life, liberty, or 
property, without due process of law, nor shall private property be 
taken for public use without just compensation. 

ARTICLE VI. 

1. In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him, to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. 

ARTICLE VII. 

1. In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
court of the United States than according to the rules of the com- 
mon law. 

ARTICLE VIII. 

1. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

1. The enumeration in the Constitution of certain rights shall 
not be construed to deny or disparage others retained by the people. 

ARTICLE X. 

1. The powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the States 
respectively or to the people. 

Note. -The following Amendment was proposed at the second session of the 
Third Congress. It is printed in the Laws of the United States, 1 vol., p. 73, as 
Article XI. 

ARTICLE XI. 

1. The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity commenced or prose- 
cuted against one of the United States by citizens of another State, 
or by citizens or subjects of any foreign State. 

Note. — The three following sections were proposed as Amendments at the first 
session of the Eighth Congress. They are printed in the Laws of the United States 
as Article XII. 

ARTICLE XII. 

1. The electors shall meet in their respective States, and vote 
by ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves ; they 
shall name in their ballots the person voted for as President, and in 



AMENDMENTS TO THE CONSTITUTION. 113 

distinct ballots the person voted for as Vice-President ; and they 
shall make distinct lists of all persons voted for as President, and 
of all persons voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign and certify, and transmit, 
sealed, to the Seat of the Government of the United States, directed 
to the President of the Senate ; the President of the Senate shall, 
in presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted ; the person 
having the greatest number of votes for President shall be the 
President, if such number be a majority of the whole number of 
electors appointed ; and if no person have such majority, then from 
the persons having the highest numbers, not exceeding three, on 
the list of those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the President. But, in 
choosing the President, the votes shall be taken by States, the rep- 
resentation from each State having one vote ; a quorum for this 
purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice-Presi- 
dent shall act as President, as in the case of the death or other con- 
stitutional disability of the President. 

2. The person having the greatest number of votes as Vice- 
President shall be the Vice-President, if such number be a majority 
of the whole number of electors appointed ; and if no person have 
a majority, then from the two highest numbers on the list the 
Senate shall choose the Vice-President; a quorum for the purpose 
shall consist of two thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of the United States. 

ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime whereof the party shall have been duly convicted, 
shall exist within the United States or any place subject to their 
jurisdiction. 

2. Congress shall have power to enforce this article by appro- 
priate legislation. 

ARTICLE XIV. 

1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or en- 
force any law which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any State deprive any per- 
son of life, liberty, or property, without due process of law, nor 
deny to any person within its jurisdiction the equal protection of 
the laws. 



114 morton's manual. 

2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But, when 
the right to vote at any election for the choice of electors for Presi- 
dent and Vice-President of the United States, Representatives in 
Congress, the executive and judicial officers of a State, or the 
members of the Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age and citi- 
zens of the United States, or in any way abridged, except for par- 
ticipation in rebellion or other crime, the basis of representation 
therein shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in Congress, 
or elector of President and Vice-President, or hold any office, civil 
or military, under the United States or under any State, who, hav- 
ing previously taken an oath as a member of Congress, or as an 
officer of the United States, or as a member of any State Legisla- 
ture, or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two thirds of 
each House, remove such disability. 

4. The validity of the public debt of the United States, author- 
ized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State 
shall assume or pay any debt or obligation incurred in aid of insur- 
rection or rebellion against the United States, or any claim for the 
loss or emancipation of any slave ; but all such debts, obligations, 
and claims shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

ARTICLE XV. 

1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States, or by any State, on 
account of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by ap- 
propriate legislation. 

Note.— The first ten of the foregoing Amendments were proposed at the first 
session of the First Congress held under the Constitution ; the eleventh Amend- 
ment was proposed at the second session of the Third Congress, the twelfth at 
the first session of the Eighth Congress, the thirteenth at the second session of the 
Thirty-eighth Congress, the fourteenth at the first session of the Thirty-ninth 
Congress, and the fifteenth at the third session of the Fortieth Congress, and were 
nil adopted by the number of States required by the Fifth Article of the original 
Constitution. The thirteenth Amendment was adopted December 18, 1865; the 
fourteenth, July 20, 18G8, and the fifteenth, March 30, 1870. 



QUESTIONS ON THE CONSTITUTION OF THE 
UNITED STATES. 

How are all legislative powers vested? How are [Representatives 
chosen? What are the qualifications of a Representative? What are 
the powers of the House of Representatives ? How many Senators 
from each State; how chosen; for how long? Into how many classes 
are they divided? What are the qualifications of a Senator; what of 
the Vice-President? What are the powers of the Senate? How often 
and when shall Congress assemble? What is the compensation of Sen- 
ators; of Representatives? Where shall bills for raising revenue orig- 
inate? What of the veto power? When shall a bill become a law? 
What are the powers of Congress generally? How is the President 
elected; for how long shall he serve; what are his powers? What of 
the judicial power of the United States? What of the rights of citi- 
zens? What of the Territories? How may the Constitution be 
amended? Give the substance of each amendment. 

(115) 



INDEX. 



PAGE 

Ambassadors, Public Ministers 

to other countries 55 

Appeals 21 

Arson 62 

Burglary 62 

Cabinet of tbe President of the 

United States 54 

Charitable Institutions 47 

Asylum, Lunatic 47 

Blind, Kentucky Institution 

for the 47 

Deaf and Dumb 47 

Poor-house 47 

Cities, Governments of 46 

Collectors of Customs 61 

Collectors of Internal Bevenue.61 

Congress 59 

Constable 11 

Constitution of Kentucky 32 

Bill of Bights 34 

Mode of revising 37 

Consuls 55 

Counterfeiting 63 

County, A 7 

County Courts 18 

Chancery Courts 20 

Circuit Courts 18 

Circuit Judge 19 

Common Pleas Courts 20 

Court of Claims 18 

Criminal Courts 20 

Justices' Courts 18 

Quarterly Courts 18 

County Districts 8 

County Officers 12 

Assessor 14 

Clerk of Circuit Court 16 

Commonwealth's Attorney.. .19 

Coroner 15 

County Attorney 13 

County Superintendent 16 

County Surveyor 15 

(116) 



PAGE 

County Officers, continued — 
Clerk of the County Court.. .12 

Jailer 17 

Judge of the County Court. .12 

Sheriff.. 13 

Supervisors, Board of. 15 

Court of Appeals 20 

Chief Justices 20 

Clerk of 20 

Judge of 20 

Eeporter of 20 

Sergeant of 21 

Court of Claims 11 

Crimes against the United States 66 

Counterfeiting 66 

Treason 66 

Violating Internal Bevenue 

Laws 66 

Violating Pension Laws 66 

Violating Postal Laws 66 

Crimes and Punishments 62 

Embezzlement 63 

Exemptions from Taxation 44 

Federal Courts 49 

Circuit Courts 51 

Circuit Judge 51 

Commissioners' Courts,United 

States 52 

Court of Claims 49 

District Courts 50 

District J udge 50 

Officers of District and Circuit 
Courts — District Attorney, 

Marsha], and Clerk 51 

Supreme Court 49 

Felonies 62 

Forgery 63 

Government — 

Aristocracy 6 

Civil Government generally.. 5 

Democracy 6 

Forms of. 6 



INDEX. 



117 



PAGE 

Government, continued — 

Monarchy 6 

Kepublic 6 

Grand Larceny 63 

House of Representatives 22 

House of Eepresentatives, United 

States 60 

Indictments by Grand Jury.. . .40 

Interior Department , 57 

Bureau of Education 57 

Census Office 57 

Land Office 57 

Patent Office 57 

Pension Office 57 

Internal Revenue 61 

Judgments 42 

Juries, Mode of selecting 41 

Jury, Grand 39 

Jury, Petit — who competent, 

who exempt, etc 41 

Jury, Trial by 42 

Justices of the Peace 10 

Legislature, State 22 

Qualification of members. . . .22 

Rules, Officers , 23 

Magisterial Districts 10 

Maiming 63 

Misdemeanors 65 

Modes of Punishment 65 

]S"avy Department 57 

Officers of the State 25 

Adjutant-General 30 

Attorney-General 29 

Auditor 28 

Board of Equalization 31 

Commissioner of Agriculture. 30 
Commissioner of Insurance. .31 

Commissioner of Mines 30 

Geologist, State 30 

Governor — who eligible 25 

Powers and duties of 25 

Inspector and Examiner,State 31 

Librarian, State 30 

Lieutenant-Governor 26 

Public Printer and Binder. . .30 

Register of Land Office 29 

Salaries, State Officers 31 

Superintendent of Public In- 
struction 29 



PAGE 

Officers of the State, continued — 

Secretary of State 27 

Treasurer, State 28 

Vacancies, State Officers 31 

Perjury 63 

Post-office Department 57 

President of the United States. 53 
President of the United States 

Senate 59 

Representatives in Congress. . .59 

Revenue and Taxation 44 

Revenue, United States 61 

Road Districts 8 

School Districts 9 

School Fund 9 

School Trustee, making false re- 
port o 64 

Senate United States 59 

Senators 59 

Sources of Revenue 44 

State, A 7 

State Senate 22 

Subornation of Perjury 63 

Superior Court 21 

Tariff 61 

Treason, Manslaughter, Rob- 
bery 62 

Treasury Department, duties of 

Officers of '. 55 

Engraving and Printing, Bu- 
reau of. 56 

Mint, Bureau of 56 

Supervising Architect 56 

Trial by Jury 42 

Trustees, School 9 

United States 7 

Composition of 7 

Constitution of . 7 

Vice-President of the United 

States 53 

War Department 56 

Adjutant-General 56 

Chief of Ordnance 56 

Chief Signal Officer. 56 

Coast Survey 56 

Commissary-General 56 

Quartermaster-General 56 

Judge-Advocate General .... 56 
Paymaster-General 56 



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